About

As employment law constantly changes, the attorneys at Bean, Kinney & Korman stay up to date on the law as it develops. Our blog topics focus on those changes and what you need to know about them, ranging from severance agreements and the FLSA to social media in the workplace and recent court decisions. If you are interested in having us cover a specific topic, please let us know.

Contact Us

Topics

Archives

Select Month:

Contributors

Posts from March 2011.

The 2011 session of the Virginia General Assembly has ended.  Below is a summary of employment law legislation that passed both houses during the session. 

HB 1705.  Workers' compensation; modifications to employee's home and automobile

  • Authorizes the Workers' Compensation Commission, in awards entered for incapacity for work, to require the employer to furnish and maintain modifications to or equipment for the injured employee's automobile

HB 1812.  Workers' compensation; occupational disease presumption for certain police officers.

  • Adds police officers of the Metropolitan Washington Airports Authority and Norfolk Airport Authority to the list of public safety employees who are entitled to the presumption that certain infectious diseases are occupational diseases compensable under the Workers' Compensation Act.

HB 1859.   Public Procurement Act; state agencies to include in contract that contractor use E-Verify program.

  • State agencies will be required to include in every contract over $50,000, a provision requiring the contractor to use the E-Verify program for employees who will be performing work under the contract within VA.

SB 823.  Workers' compensation; presumption that certain injuries are work related.

  • A presumption is created that an injury is work related where an employee is physically or mentally unable to testify and there is unrebutted prima facie evidence that the injury was work related.

On February 24, Mama's Pizzeria and Restaurant of Copiague, New York entered into a settlement with the Department of Labor.  In the settlement, Mama's agreed to pay $780,000 in minimum wage and overtime compensation to 40 employees. Pizza.jpg 

Mama's was charged with paying employees wages less than the minimum wage and requiring employees to work more than 40 hours per week without paying overtime.  Mama's also failed to keep accurate records of wages paid and hours worked by employees.

This case serves as a warning and opportunity for employers to review who is entitled to overtime and what records must be maintained by a business.

Virginia businesses follow the Fair Labor Standards Act ("FLSA") with regards to overtime and minimum wage standards.  The FLSA specifies that employees required to work more than 40 hours in a week are entitled to overtime at a rate no less than 1.5 times the normal hourly rate. Additionally, certain employees are exempt and not entitled to overtime.  

guys in a conference.jpg  

In 1997, the Virginia General Assembly passed a law providing savings to employers who establish "Drug-Free" workplace policies.  The discount is currently 5% from the Workers' Compensation insurance policy premium.  For larger companies, this can be quite a significant savings.

Additionally, some organizations and individuals doing business with the government are required to provide a drug-free workplace for employees. This would include organizations with federal government contracts in excess of $100,000, organizations receiving federal grant funding, as well as individual contractors and grant recipients.  Subcontractors and subgrantees do not fall under this requirement.

There are several sources of good information regarding setting up a drug-free workplace policy:

  1. Department of Labor:  the website provides a great deal of information to businesses on how to setup a drug-free workplace policy including the "drug-free workplace policy builder" which guides individuals through a set of questions to help build the policy.
  2. Small Business Administration:  links to information pertaining particularly to small businesses and government contractors.