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Virginia’s New “Vulnerable Victim” Law Increases Employers’ Potential for Vicarious Liability in Personal Injury and Wrongful...

A new Virginia law, effective July 1, 2025, adds Section 8.01-42.6 to the Virginia Code to address employers’ vicarious liability for their employees’ tortious conduct in personal injury and wrongful death lawsuits brought by...more

Virginia Enacts Law Requiring Reporting of Workplace Violence in Hospitals

Effective July 1, 2025, hospitals in Virginia will be required to establish a workplace violence incident reporting system pursuant to House Bill 2269. The system must “document, track, and analyze any incident of workplace...more

Dear Littler: What are the substance use concerns of workplaces past, present, and future?

Dear Littler, I’m in charge of organizing our holiday party this year. To keep things civil, we’re limiting alcohol and reminding employees that although our state has legalized the recreational use of marijuana, there...more

Virginia’s Legislative Session Concludes with a Handful of New Employment Laws

The 2023 Virginia legislative session closed last month with substantially less activity than we have seen in recent years, in light of the politically divided government in the Commonwealth. The following briefly describes...more

The Global Guide Quarterly (Quarter 4, 2022)

The Global Guide Quarterly (GGQ) is a newsletter Littler publishes on a quarterly basis to provide a general update on global labor and employment (L&E) law developments in key countries in the American, EMEA, and APAC...more

President Biden Enacts Speak Out Act Curtailing the Use of Pre-Dispute Non-Disclosure and Non-Disparagement Clauses Involving...

Amidst the flurry of activity taking place before the end of the 117th U.S. Congress, the House of Representatives quietly passed the Speak Out Act on November 16, 2022, by an overwhelming majority.  The bill previously...more

District of Columbia Implementing Revisions to Broad Ban on Non-Competes

The District of Columbia prompted widespread outcry from the business community when it enacted one of the broadest bans on non-compete agreements in the country in early 2021. At least in part spurred by that outcry, this...more

The Fourth Circuit is First to Rule that ADA Protects Gender Dysphoria

On August 16, 2022, the U.S. Court of Appeals for the Fourth Circuit issued a landmark decision, Williams v. Kincaid, finding that the Americans with Disabilities Act (ADA) and the Rehabilitation Act protect individuals with...more

Monkeypox: What Does this Mean for Employers?

The latest wave of the COVID-19 pandemic has barely been contained, yet employers are now being hit with employee inquiries related to monkeypox.  As this virus spreads, states and localities are declaring emergencies while...more

Virginia Rescinds its COVID-19 Standard

Nearly two years after enacting the first-in-the-nation permanent COVID-19 workplace safety and health standard, the Virginia Safety and Health Codes Board (the “Board”) has voted to rescind its COVID-19 standard. The...more

The Latest Report on Court, State, and Local Activity Concerning Vaccine Mandates

The last four to six weeks have been a whirlwind for private employers across the country. Federal vaccine mandates and regulations have been enacted, and then enjoined, and additional states have limited the ability of...more

President Biden Resurrects Obama-Era Executive Order on Non-Displacement of Qualified Workers Under Service Contracts

On November 18, 2021, the Biden administration resurrected an executive order first issued by President Obama that the Trump administration had subsequently rescinded....more

Additional Pushback from Certain States on Governmental and Private Employer Vaccine Mandates

Certain states are continuing to prohibit or severely curb the ability of private employers to mandate that employees be vaccinated against COVID-19. In just 10 days since our most recent update, several additional states...more

Additional Pushback on Governmental and Private Employer Vaccine Mandates by Certain States

As reported less than a week ago, some states are pushing back on government and private employer vaccine mandates through state legislation and lawsuits against the federal government. In just three business days since that...more

Federal OSHA Issues Long-Awaited “Vaccine or Test” Emergency Regulations

Eight weeks after President Joseph R. Biden’s announcement, the federal Occupational Safety and Health Administration (OSHA) has issued an Emergency Temporary Standard (ETS) requiring all employers with at least 100 employees...more

Some States Push Back on Governmental and Private Employer Vaccine Mandates

As the world closes in on the two-year anniversary of the beginning of the COVID-19 pandemic, and in the face of stagnating rates of vaccination, governments and employers anxious to return to “normal” have been increasingly...more

OSHA Announces Increased Focus on Heat-Related Hazards

In recent weeks, the U.S. Department of Labor’s Occupational Safety and Health Administration (OSHA) has signaled efforts to increase its scrutiny of work activities that may expose workers to heat-related hazards. ...more

Virginia OSHA Issues Third Iteration of its Emergency COVID-19 Regulation

On August 26, 2021, the Virginia Safety and Health Codes Board adopted revised amendments to the Final Permanent Standard for Infectious Disease Prevention of the SARS-CoV-2 Virus That Causes COVID-19 (the Final Permanent...more

Washington Becomes Second State to Issue Emergency Heat Standard

On July 9, 2021, Washington’s Department of Labor & Industries filed an emergency rule to increase protection for employees exposed to extreme heat at work. This includes employees working in agriculture, construction, and...more

Washington OSHA Becomes Second State to Issue Emergency Heat Standard

On July 9, 2021, Washington’s Department of Labor & Industries filed an emergency rule to increase protection for employees exposed to extreme heat at work. This includes employees working in agriculture, construction, and...more

OSHA Prepares to Issue COVID-19 Emergency Regulations

On April 26, 2021, the Occupational Safety & Health Administration sent emergency workplace safety rules to prevent the spread of COVID-19 to the Office of Management and Budget for review....more

Virginia Enacts New Paid Sick Leave Law for Home Health Workers

Given the current political trifecta (where democrats control both houses of the state legislature and the governorship), paid sick leave proponents had high hopes that Virginia would follow other states’ lead and pass...more

Virginia Becomes the First State to Adopt a Permanent COVID-19 Standard

On January 27, 2021, Virginia Governor Ralph Northam announced that he had approved a Final Permanent Standard (Permanent Standard) for preventing COVID-19 in the workplace, making Virginia the first state in the nation to...more

District of Columbia is on the Verge of Implementing One of the Broadest Non-Competition Bans in the Country

Amidst the ongoing COVID-19 pandemic and other events in the nation’s capital, District of Columbia Mayor Muriel Bowser signed the Ban on Non-Compete Agreements Amendment Act of 2020 on January 11, 2021. The bill previously...more

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