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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 in COVID-19 (Coronavirus).
Deck the Halls (but stay Home) this Holiday Season

The 2020 holiday season is fast approaching. By one recent estimate, nearly 40% of Americans are planning to travel for the holidays, many to visit with family, friends, and loved ones for the first time since the start of the COVID-19 pandemic. Yet there are some parts of the U.S., especially the mid-west and south, that are currently experiencing significant spikes in the rate of COVID-19 infections. The CDC continues to actively discourage travel during the COVID-19 pandemic because “travel increases your chance of getting and spreading COVID-19.”  

Virginia Phase 3 Reopening: Will a COVID-19 Liability Waiver Protect Your Business from Legal Risks?

Virginia governor Ralph Northam announced that Phase 3 of the Forward Virginia reopening plan will get underway on July 1, 2020, lifting more of the restrictions on businesses and public activities due to the COVID-19 pandemic. With the Commonwealth’s move toward expanded reopening options, many Virginia businesses, in particular retail and services entities, have become increasingly concerned about the potential of being sued by a customer for damages related to COVID-19 exposure. 

Summer Camps Closed Due to COVID-19? DOL Issues Additional Guidance for FFCRA Leave Eligibility

With the arrival of summer the U.S. Department of Labor (“DOL”) issued some additional guidance last week to clarify when an employee may take leave under the Family First Coronavirus Response Act (“FFCRA”) to care for the employee’s child based on the closure of a summer camp, summer enrichment program, or other summer program for COVID-19-related reasons. The new guidance adds some gloss to the partial answer previously provided by the DOL earlier in the month, when it addressed the availability of FFCRA leave in the context of pending school summer closures, which you can read about here.

Employer Antibody Testing for COVID-19 Violates the ADA, According to New EEOC Guidance

The Equal Employment Opportunity Commission posted an update on June 17, 2020 to its COVID-19 / ADA technical assistance for employers (A.7.) to address whether the ADA permits employers to require COVID-19 antibody or serologic testing before allowing employees to reenter the workplace. The ADA does not permit serologic testing, according to the EEOC. 

Can Virginia Employees Still Get Paid Leave Under the FFCRA After Businesses Reopen and Schools Close?

As Virginia businesses are beginning to reopen for work under Governor Ralph Northam’s Order easing many COVID-19-related business restrictions, most public and private school systems in the Commonwealth are beginning to wind down the school year and close for summer break. The dichotomy of openings and closings raises a key question for many workers with school-age children (and their employers): Am I able to continue to qualify for paid sick leave under the Emergency Paid Sick Leave Act (EPSLA) and emergency family and medical leave under the Emergency Family and Medical Leave Expansion Act (EFMLEA)?

Employees in Virginia are Heading Back to the Workplace. What Can Employers Ask or Do?

On May 8, 2020, Virginia Governor Ralph Northam issued an Executive Order implementing Phase One of his plan to ease many of the current COVID-19-related restrictions on businesses and public activities for most jurisdictions in the Commonwealth, effective as of May 15, 2020. But not in Northern Virginia, where the region has yet to achieve the COVID-19 benchmarks that led to Northam’s easing of business and public activity restrictions elsewhere in Virginia.