Virginia Adopts COVID-19 Workplace Safety Standards (Coronavirus and the Law)

By Leah M. Stiegler, Victor O. Cardwell, Michael P. Gardner

UPDATE July 21, 2020: The Virginia Safety and Health Codes Board has formally adopted the Temporary Safety Standards. The Board stated these standards “will take immediate effect” some time “during the week of July 27, 2020, although the exact date… Read more

July 16, 2020 | COVID-19 Legal Updates | Labor & Employment

New Emergency Temporary Standard Will Apply to Employers in Virginia

By Michael L. Sterling

This article is the first in a three-part series discussing the New Emergency Temporary Standards for Employers in Virginia. Click here to read Part 2 and Part 3. Governor Northam’s executive order (EO 63), tasked the Virginia Safety and Health… Read more

Supreme Court Extends Title VII Protections to LGBTQ Workers

On June 15, 2020, the United States Supreme Court officially declared that LGBTQ persons are protected from discharge or discipline because of sex under the anti-discrimination provisions of Title VII of the Civil Rights Act of 1964. The Court’s landmark… Read more

June 16, 2020 | Appellate Law | Labor & Employment | Litigation

Life happens at work. Are your employees discussing the George Floyd tragedy?

By Victor O. Cardwell, Leah M. Stiegler

Originally published as a Roanoke Times Opinion Letter. The killing of George Floyd changed our nation overnight. The killing and subsequent protests coalesced with COVID-19 and the highest rate of unemployment since the Great Depression to create a paradigm shift… Read more

June 4, 2020 | Labor & Employment

Virginia’s New Workplace Laws: Prepare Now or Risk Lawsuits Later

By R. Patrick Bolling, Leah M. Stiegler

Virginia passed some of the nation’s strongest worker protection laws in April and most will be effective July 1, 2020. Certain employment claims can proceed in Virginia’s courts for the first time, so expect more state court employment litigation. Pre-trial… Read more

June 1, 2020 | Labor & Employment

CDC Issues Additional Guidance for Businesses on Reopening

By Anne G. Bibeau

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 infection in the workplace.… Read more

May 22, 2020 | COVID-19 Task Force | Labor & Employment

Virginia Enacts New Whistleblower Law for Private Employers

Effective July 1, 2020, private employers in Virginia will have a number of new legal obligations and potential liabilities. One of these new laws is Virginia Code § 40.1-27.3, the Fraud and Abuse Whistleblower Protection Act. This new law creates… Read more

May 21, 2020 | Labor & Employment

U.S. Department of Labor Expands Overtime Exemption for Commission-Based Employees of Retail or Service Establishments

On May 18, 2020, the Wage and Hour Division of the U.S. Department of Labor (DOL) announced a new final rule to govern the determination of whether an employer qualifies as a “retail or service” establishment for purposes of applying… Read more

May 20, 2020 | Labor & Employment

Cafeteria Plan Relief in Response to COVID-19 Pandemic (Coronavirus and the Law)

By Neil V. Birkhoff

On May 12, 2020, the IRS issued optional relief for participants in cafeteria plans, health Flexible Spending Account (FSA) plans, and Dependent Care Assistance FSA plans. Less than two weeks ago, the IRS and the Department of Labor also issued… Read more

May 14, 2020 | COVID-19 Legal Updates | Employee Benefits & Compensation | Labor & Employment

How to Reopen Your Business in 12 Steps (Coronavirus and the Law)

By Thomas M. Winn III, R. Patrick Bolling, Leah M. Stiegler

We’re several months into the COVID-19 pandemic and demand is mounting to reopen workplaces. No modern employer has faced quite this situation, so you’re not alone. Rates of infection, hospitalization, and deaths vary from place to place, so no size… Read more

May 13, 2020 | Corporate & Business Transactions | COVID-19 Legal Updates | Labor & Employment | Small Business Concerns

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