Can my Company Compel Compliance with an COVID-19 Employee Vaccination Policy? It’s a Definite Maybe…

In the past week, millions of Americans watched as volunteers and government officials received the first COVID-19 vaccinations on U.S. soil. Businesses of all sizes are feeling the pandemic’s devastating effects and employers are likely contemplating whether they may legally… Read more

December 21, 2020 | Labor & Employment

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

By Anne G. Bibeau

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 recently, CDC updates and Governor Northam’s… Read more

December 16, 2020 | Labor & Employment | OSHA & VOSH Regulatory Compliance

Can Employers Require Employees to be Vaccinated Against COVID-19? (Coronavirus and the Law)

By R. Patrick Bolling, Thomas M. Winn III

Pfizer’s COVID-19 vaccine was approved by the FDA last Friday and distribution has already begun. Yet in a November Gallup Poll, only 58 percent of Americans said they would get a COVID-19 vaccine, up from a low of 50 percent… Read more

December 14, 2020 | COVID-19 Legal Updates | Labor & Employment

VOSH Standard Revisions

On December 10, 2020, The Virginia Occupational Safety and Health (VOSH) Program released its Revised Proposed Permanent Standard for Infectious Disease Prevention of the SAR-CoV-2 Virus that Causes COVID-19. Generally, these revisions serve to clarify previously existing requirements or reduce… Read more

December 14, 2020 | Labor & Employment | OSHA & VOSH Regulatory Compliance

Virginia’s New COVID-19 Reporting Change and Online Reporting Portal

By Neil S. Lowenstein

Effective December 8, 2020, the Virginia Department of Labor and Industry has determined that employers no longer need to report single COVID-19 positive cases to the Virginia Department of Health. However, after an outbreak of two or more cases, employers… Read more

December 10, 2020 | Construction | Labor & Employment

Virginia Federal Court Dismisses Employee’s COVID-19-Related Wrongful Termination Lawsuit

For Virginia employers, 2020 has turned their world upside down between the complicated issues arising from the coronavirus pandemic and a wave of new state employment laws. However, a recent decision issued in the United States District Court for the… Read more

December 1, 2020 | Labor & Employment

Retaliation: “I know it when I see it!” But do you really?

By Leah M. Stiegler, Victor O. Cardwell

Retaliation or, at least, the perception of retaliation is on the rise. Has a manager approached you saying an employee should be fired because that employee is abusing COVID leave? Has an employee claimed he feels he received a poor… Read more

November 16, 2020 | Labor & Employment

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

By Anne G. Bibeau, Gaela R. Normile

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 recipients are required to include specific provisions pertaining to… Read more

September 30, 2020 | Labor & Employment

DOL Proposes New Rule Clarifying Independent Contractor Status

By Anne G. Bibeau, Gaela R. Normile

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 is an independent… Read more

September 30, 2020 | Labor & Employment

Collective Bargaining for Public Employees Arrives in the Commonwealth—Virginia HB 582

By Thomas M. Winn III

Public school teachers, firefighters, police officers, and most other local government employees will gain new rights next year. In May 2021, Virginia will permit local governing bodies to engage in collective bargaining with its employees. Virginia House Bill 582 (“HB… Read more

September 16, 2020 | Labor & Employment

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