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Cleaning Up Its Mess – the Virginia Assembly Ditches Virginia’s Overtime Wage Act

Well, that was fun! Last year, on July 1, 2021, the Virginia Overtime Wage Act (VOWA) went into effect, causing significant headaches for Virginia employers because it differed starkly from the federal Fair Labor Standards...more

New Federal Law Ends Mandatory Arbitration of Sexual Harassment and Assault Claims

On March 3, 2022, President Biden signed into law the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021, limiting the use of mandatory employment arbitration agreements. Until now, under the...more

New Certification Requirement for Federal Contractors

Beginning this year, federal supply and service contractors and subcontractors will be required to certify that they have developed and maintained an affirmative action program (AAP) for each establishment. Previously, while...more

Federal Contractors Now Restricted in Questioning Applicants about Their Criminal Records

Hidden deep within the National Defense Authorization Act for Fiscal 2020 is a “ban the box” provision that restricts federal contractors’ inquiries into their applicants’ criminal histories. This new provision, which went...more

COVID Updates for the New Year

As 2021 winds down, there have been a few developments regarding COVID-19 that employers should be aware of ...more

LEGAL ALERT: Federal Court Issues Nationwide Injunction Against Federal Contractor Vaccine Mandate

The United States District Court for the Southern District of Georgia issued a preliminary injunction on December 7, 2021, stopping the federal government from enforcing the federal contractor vaccine mandate, Executive Order...more

OSHA Has Issued Its Emergency Temporary Standard for Businesses with 100 or More Employees

OSHA’s long-awaited Emergency Temporary Standard (“ETS”) will be published in the Federal Register on November 5, 2021. The ETS applies to businesses with 100 or more employees, requiring them to either mandate the COVID-19...more

Legal Alert: New Vaccination Requirements for Federal Contractors

On September 9, 2021, President Biden announced an ambitious plan to increase COVID-19 vaccinations. On that same date, he signed an Executive Order on Ensuring Adequate COVID Safety Protocols for Federal Contractors (“EO”)....more

Virginia’s Permanent COVID Standard Has Been Revised, Again

Virginia’s Department of Labor and Industry (DOLI) has made additional changes to Virginia’s safety standard on COVID in the workplace, the Permanent COVID Standard (16VAC25-220, VOSH Standard for Infectious Disease...more

Legal Alert: Biden’s Plan Will Expand Vaccination Requirements

On September 9, 2021, President Biden announced an ambitious plan to increase COVID-19 vaccinations. Here are the highlights of this plan with the greatest impact on private-sector employers ... ...more

The ARPA Extends and Expands the FFCRA Paid Leave and Tax Credit for Employers Who Opt To Use It

Buried in the American Rescue Plan Act (ARPA), the massive COVID relief bill signed into law on March 11, 2021, is a provision allowing employers to continue to provide, voluntarily, Families First Coronavirus Response Act...more

[Webinar Recording] It's Almost 4:20 in Virginia: What Employers Need to Know About Marijuana Laws [Video]

Presentation by Vandeventer Black attorneys: Jonathan V. Gallo and Anne G. Bibeau. Contact information: Jonathan V. Gallo - jgallo@vanblacklaw.com Anne G. Bibeau- abibeau@vanblacklaw.com This video is for general...more

[Video] The Current State of Law Regarding Marijuana in Virginia [Video]

Presentation by Vandeventer Black attorneys: Jonathan V. Gallo and Anne G. Bibeau. Contact information: Jonathan V. Gallo - jgallo@vanblacklaw.com Anne G. Bibeau- abibeau@vanblacklaw.com This video is for general...more

[Webinar] Virginia's COVID Safety Standards In The Workplace - March 16th, 12:00 pm - 1:00 pm EST

This session will discuss Virginia’s new permanent standard on COVID safety, OSHA’s COVID guidance, and other COVID-related employment issues....more

[Webinar] It’s Almost 4:20 in Virginia: What Employers Need to Know About Marijuana Laws - March 11th, 12:00 pm - 1:00 pm EST

This session will discuss the current state of the law in Virginia regarding marijuana, anticipated changes, and how employers should address marijuana issues, including ADA accommodation, at work. - Virginia Law - New...more

Marijuana Legalization in Virginia: It’s Almost 4:20

After almost six years of tiptoeing around medical cannabis and decriminalization, Virginia appears poised to take the plunge into legalization of the recreational use of marijuana. On February 5, 2021, the General Assembly...more

The FFCRA Paid Leave is Dead (Unless You Liked It).

The Families First Coronavirus Response Act’s (FFCRA) paid leave provisions have expired. The law, which was effective from April 1 through December 31, 2020, required businesses with fewer than 500 employees to provide...more

Covid Confusion: Recent Updates from the CDC and Governor Northam Leave Employers with More Questions and No Clear Answers

On top of all the other challenges posed by the COVID crisis, employers have had to grapple with ever-changing and contradictory guidance from the Center for Disease Control, Virginia, and various government agencies. Most...more

Federal Contractors Beware: New Executive Order Prohibits Certain Anti-Discrimination Training

On September 22, 2020, President Trump signed the Executive Order on Combating Race and Sex Stereotyping (“EO”). Under the EO, executive departments and agencies, the military, federal contractors, and federal grant...more

DOL Proposes New Rule Clarifying Independent Contractor Status

The U.S. Department of Labor (“DOL”) has proposed a new rule interpreting independent contractor status under the Fair Labor Standards Act (“FLSA”). The purpose of the proposed rule is to provide clarity as to when a worker...more

DOL Revises its FFCRA Paid Leave Rule To Narrow the Category of Health Care Providers that Can Be Exempted from the Paid Leave...

On August 3, 2020, the Southern District of New York issued an opinion invalidating certain portions of the U.S. Department of Labor’s (“DOL”) Temporary Rule on the paid leave requirements of the Families First Coronavirus...more

CDC Issues Additional Guidance for Businesses on Reopening

Following the nationwide rush to reopen, the Centers for Disease Control (CDC) has issued decision trees for businesses to follow in deciding when to reopen and a brochure with detailed guidance for reducing the risk of...more

BRACE YOURSELF: Virginia Employers Should Prepare Now for an Onslaught of Litigation

It is impossible to understate the magnitude of the change in Virginia employment law in 2020. Previously, Virginia had few employment laws and provided few employee rights. The General Assembly in 2020, however, passed...more

PPP Forgiveness When a Furloughed Employee Refuses to Return to Work

As widely predicted, the generous federal addition of $600 per week to unemployment benefits has created a perverse disincentive to work for some laid-off employees. Businesses are finding that, as they look to spend PPP loan...more

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