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OSHA Issues Emergency Vaccine Regulation Affecting Large Employers

As McGuireWoods noted in a Sept. 10, 2021 alert, in Sept. 20 and Sept. 23 FAQs, and in Sept. 27 and Oct. 18 alerts, President Biden’s “Path Out of the Pandemic” employee COVID-19 vaccination mandates have three main...more

D.C. Modifies the Paid Family Leave and Local FMLA Laws

On Oct. 1, 2021, the D.C. City Council expanded the local Paid Family Leave law and the D.C. Family and Medical Leave Act (D.C. FMLA). The new laws entitle employees to three times as much paid medical leave and a new...more

EEOC Issues New COVID-19 Vaccine Guidance for Employers

On May 28, 2021, the U.S. Equal Employment Opportunity Commission (EEOC) issued new COVID-19 vaccine guidance for employers. Although the updated FAQs do not address compliance with the Centers for Disease Control and...more

New Laws and the 2021 Cannabis Effect on Employers

In the first four months of 2021, numerous states, including Virginia, New Mexico, New York and New Jersey passed laws dismantling restrictions on recreational and medical cannabis. Employers in these states are raising...more

Edible Bites Episode 5: Weed at Work: Employment Law Trends [Video]

In episode five of McGuireWoods’ Edible Bites video series, topics of discussion center on employment law trends, how different state laws for medical and recreational cannabis impact employees, and how organizations should...more

D.C. Creates Rights for Workers Displaced by COVID-19 or Affected by Certain Business Changes

As a result of a Washington, D.C., law passed Jan. 13, 2021, certain D.C. employees displaced during the COVID-19 pandemic will gain reinstatement rights as their former positions become available. The law also gives certain...more

U.S. Department of Labor Issues New Wage and Hour Opinion Letters

On Nov. 3, 2020, the U.S. Department of Labor’s Wage and Hour Division issued two additional opinion letters regarding what constitutes “work time” under the Fair Labor Standards Act (FLSA). The first opinion letter analyzes...more

New D.C. Law Requires Employers to Adopt COVID-19 Safety Policies

On Aug. 13, 2020, the District of Columbia enacted the Protecting Businesses and Workers from COVID-19 Emergency Amendment Act of 2020. The new law requires D.C. employers to implement social distancing and worker protection...more

New Virginia Law: Accommodations for Pregnant Employees, Handbook Changes

Virginia’s regular 2020 legislative session enacted many new laws protecting employee rights. As previously reported, these new laws include adding LGBTQ protections to the state’s anti-discrimination law, combating...more

Virginia Enacts “Ban the Box” for Simple Marijuana Possession

Virginia temporarily grabbed the media’s attention away from the coronavirus on May 21, 2020 when Gov. Ralph Northam signed a bill decriminalizing simple possession of marijuana under state law. While it remains unlawful in...more

D.C. Will Require Paid Leave and Excused Absences for Voters

On April 27, 2020, the District of Columbia enacted the Leave to Vote Amendment Act of 2020. Once the D.C. government funds the new law, it will grant all D.C. employees paid leave to vote in person and will grant students a...more

Virginia Enacts New “Wage Theft Law,” Creating Private Right of Action for Unpaid Wages

On April 12, 2020, Virginia Gov. Ralph Northam signed a series of new employee protection laws related to employee unpaid wage complaints. Notably, the enactment of HB 123 and SB 838, known as the Wage Theft Law, for the...more

Virginia Adds Legal Provisions to Combat Worker Misclassification

In March and April 2020, Gov. Ralph Northam signed multiple bills into law meant to combat worker misclassification. The new legislation creates a private cause of action for misclassified workers, prohibits retaliation...more

Virginia Adds LGBTQ Protections to Anti-Discrimination Law

On April 11, 2020, Gov. Ralph Northam signed the Virginia Values Act (VVA), making Virginia the first state in the South to enact comprehensive protections for the LGBTQ community against discrimination in employment,...more

D.C. Residents Vote to Eliminate Tip Credit

The long-anticipated vote on tipped wages culminated on June 19 in a victory for those in favor of the District of Columbia ballot measure “Initiative 77.” By a margin of 55 to 45, D.C. voters opted to eliminate the tip...more

NLRB Voids Hospital ID Policy that Bans Union Insignia Without Regard to Patient Visibility

In Long Beach Memorial Medical Center, Inc., 366 NLRB No. 66 (April 20, 2018), the Board ruled that the hospital employer’s prohibition of non-approved pins and badges was unlawfully overbroad. As a general rule, employees...more

En Banc Eighth Circuit Reverses National Labor Relations Board’s “Sick Day” Jimmy John’s Decision

On July 3, 2017, the U.S. Court of Appeals for the Eighth Circuit, sitting en banc, rejected the reasoning of an ALJ, the NLRB, and a panel of the Eighth Circuit regarding whether Jimmy John’s employees could hang posters at...more

Court of Appeals Again Rejects National Labor Relations Board, Finds FedEx Ground Drivers Are Independent Contractors

The U.S. Court of Appeals for the D.C. Circuit in a published opinion earlier this month emphasized that it means what it says. In 2009, the Court held in FedEx I that single-route FedEx drivers in Wilmington, Massachusetts...more

D.C. Council to Vote on Nation's Most Beneficent Leave Law

Employers in the District of Columbia may soon be required to provide 11 weeks of paid family leave for parents to care for a new or adopted child and eight weeks of paid family leave to care for an ailing parent or...more

FMLA Modified to Protect Same-Sex Spouses Regardless of State of Residence

Among its many protections, the federal Family and Medical Leave Act (FMLA) affords certain covered workers job-protected leave to care for a spouse who has a serious health condition. Since enactment of the FMLA, the law of...more

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