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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 tagged "employment law".
Virginia Expands Workplace Protections for Individuals with Disabilities

The rapid evolution of Virginia workplace laws continues with the Virginia General Assembly’s passage of HB 1848, which extends employee workplace protections under the Virginia Human Rights Act (“VHRA”) to include a prohibition on discrimination against individuals with disabilities. The VHRA is applicable to Virginia employers with six or more employees.

Effective July 1, 2021, the VHRA requires employers to engage in the familiar, ADA-like, good faith interactive process to determine whether there are reasonable accommodations available that will allow an otherwise qualified individual with a disability to perform their job. 

DOL Issues New Tipped Employee Rules under the FLSA

As a Court of Appeals panel in Richmond pointed out recently, employer FLSA obligations are simple enough for employees who receive a traditional hourly wage but get far murkier and more complicated in the restaurant industry, where employees typically receive compensation through tips or gratuities and employers are permitted to take a “tip credit” to offset a part of the minimum hourly wage due restaurant employees.

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.”  

IRS Releases Instructions to Form 941 Expanding on Prior Guidance on Deferral of Social Security Tax

On October 1, 2020, the IRS released instructions for Form 941 providing additional guidelines for reporting deferred Social Security taxes pursuant to the President's Memorandum (discussed previously on our blog) and IRS Notice 2020-65

Background

On August 8, 2020, the Presidential Memorandum directed the Secretary of the Treasury to use his authority pursuant to section 7508A of the Internal Revenue Code to defer the withholding, deposit, and payment of certain payroll tax obligations.

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. 

Supreme Court Extends Anti-Discrimination Protections to Gay and Transgender Employees

In a landmark decision, the United States Supreme Court ruled today in Bostock v. Clayton County, Georgia that gay and transgender employees are protected by federal anti-discrimination laws.  

Thus, as of June 15, 2020, public and private employers are prohibited from discriminating against lesbian, gay, bisexual, transgender, and queer (LGBTQ) employees on the basis of their sexual orientation or identity.

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)?

Virginia Adds a "Ban the Box" Law for Pot Possession

Ban-the-box restrictions have increased in popularity among U.S. states and localities during the last decade. “Ban the box” refers to laws that variously prohibit or restrict employers from requiring applicants for employment to divulge their criminal history through a check box on an application for employment. The theory behind “ban the box” statutes is that they promote hiring practices that give applicants a fair chance and require employers to judge individual job candidates on their merits, instead of automatically disqualifying those who have a criminal history.

Virginia Enacts Dramatic and Far-Reaching Employment Law Protections, Part 2

This blog post follows Doug Taylor’s April 27, 2020 post about the recent wave of employee-friendly changes to Virginia law. In addition to the changes discussed in Doug’s post related to wage theft, non-competes, workplace discrimination, and whistleblower protections, new Virginia legislation imposes significant consequences on employers for misclassifying employees as independent contractors, substantially increases the minimum wage, and makes general construction contractors liable for subcontractors’ failure to pay wages.