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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.

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  • Posts by R. Douglas Taylor, Jr.
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    Douglas Taylor is a shareholder of Bean, Kinney & Korman. For nearly 30 years, Doug has provided timely and practical legal advice and representation to businesses, business owners, and executives on a wide range of federal, state ...

COBRA Subsidies for Employees and Tax Credits for Employers Under the American Rescue Plan Act of 2021

President Biden signed the American Rescue Plan Act of 2021 (the “ARPA”) into law on March 11, 2021. The $1.9 trillion relief package contains several provisions that will impact employers, including a requirement that employers provide “assistance eligible individuals” (defined below) with fully subsidized COBRA continuation coverage premiums for the time period of April 1, 2021 through September 30, 2021, with such costs to be offset by a refundable credit against the employer’s share of Medicare tax under a newly added Internal Revenue Code section.

Bean, Kinney & Korman:  Helping to Develop Cost-Effective COVID-19 Workplace Safety Policies and Procedures that Meet Virginia's New Regulatory Requirements and OSHA, CDC Guidelines

With COVID-19 vaccines becoming more readily available in the U.S. and a larger percentage of individuals having been vaccinated, businesses are beginning to reopen or expand in-the-office activity in Northern Virginia and across the Commonwealth. Businesses, both large and small, should be giving serious thought to the COVID-19 workplace safety policies and procedures that all are required to have in place to achieve appropriate workplace safety for employees and customers whenever re-opening day arrives.

Construction Services Company Flagged for Unpaid Employee Travel Time

The U.S. Department of Labor (DOL) continues to focus considerable enforcement attention on when employees must be paid for travel time between home and their office or worksite under the Fair Labor Standards Act (FLSA). Construction and building trades companies remain at the forefront of the enforcement efforts of the DOL’s Wage and Hour Division (“WHD”), as exemplified by the recent consent judgment that ended the lawsuit brought by the DOL against AWP, Inc., a company that provides traffic control “flagging” services for temporary construction work zones.

Avoiding Liability Under the Fair Labor Standards Act

The Fair Labor Standards Act (FLSA) establishes requirements regarding the compensation of employees working in the private sector and in federal, state, and local government positions. To protect employees, the FLSA also prohibits retaliation by employers against employees who complain that their rights have been violated. 

In the past, the FLSA’s anti-retaliation provision has been applied to cases where an employee had been terminated or discriminated against after filing a formal complaint with a governmental agency, typically the U.S. Department of Labor, resulting in the commencement of formal proceedings against the employer.

Complying with the District of Columbia's Accrued Sick and Safe Leave Requirements

For employers located in the greater Washington, D.C. metropolitan area, keeping up with multiple states’ employment law requirements can be challenging. Virginia closely tracks the federal laws that govern employers on issues such as the Family Medical Leave Act and the Americans with Disabilities Act, with only some minor variations, while Maryland mandates employee leave that deviates from both federal law and District of Columbia law.

Legal Considerations When Terminating an Employee

Do you have an employee whose performance isn't cutting it? If so, you will want to read this summary of the considerations and steps to take before terminating an employee.

Many employers terminate employees without following some basic procedures that take little effort on the part of the employer but can prevent major headaches later. Following these rules prior to termination can help employers avoid problems post-employment and can provide a full defense to an employee’s claim of wrongful termination.

The Risks of Using In-House Counsel to Conduct Internal Investigations

While employers strive to minimize the occurrence workplace conflicts, complaints about employee conduct may still arise. When the complaint involves allegations of discrimination or other unlawful conduct, it is important for the employer to promptly and thoroughly investigate the complaint and take appropriate action if the complaint is substantiated.

To manage these investigations, some employers rely on their in-house counsel. However, there are potential downsides to using in-house counsel as the first line of defense when investigating an employee complaint.

Thinking About Hiring an Unpaid Summer Intern?

With another summer approaching, you may be considering hiring an unpaid intern for the summer months. The process for doing so seems cut and dry. However, litigation around unpaid internships has recently increased due to several lawsuits where interns sued their former employers alleging violations of state and federal wage and hour laws by failing to pay interns for work that should have been performed by paid employees.

To determine whether your intern is entitled to minimum wage or overtime, the U.S. Department of Labor (DOL) has proffered a seven-factor “primary beneficiary test.”  

OSHA Tells Employers: Vaccinated Employees Should Still Wear Face Coverings

Now that COVID-19 vaccines are becoming more widely available in the U.S. and a larger percentage of individuals have been vaccinated, the perception also seems to be growing that employees, now protected against the virus, can just stop wearing their face coverings while in the workplace. Not so, according to Occupational Safety and Health Administration (OSHA).

DOL Explains FLSA Travel Time Payment Rules for Part-Day-Telework Employees

The U.S. Department of Labor (DOL) weighed in again on the question of employee travel time between home and office, i.e., whether or under what circumstances it is compensable under the Fair Labor Standards Act (FLSA) for “an employee who chooses to telework for part of the day and work at the office for part of the day.” When employees must be paid for travel time has been a long-standing source of confusion for employers, as evidenced by the frequency of the U.S. Department of Labor’s (DOL) opinion letters addressing it.