Staying Union-Free or Opening Up for Big Labor?

Virginia Localities Face Push to Unionize Public Employees The Commonwealth of Virginia has gone “all-in” to empower organized labor by authorizing cities, counties, towns, and other local government employers to recognize and bargain with union officials over public employees’ employment and service. Revisions to Virginia Code Section 40.1-57.2 became effective on May 1, 2021, reversing […]

NLRB General Counsel Targets Community Rehabilitation Programs for Possible Unionization

For years, union organizers have targeted for unionization individuals with severe disabilities who participate in rehabilitation and training programs. The union organizing often met with little success, but that may change. A new initiative at the National Labor Relations Board (“NLRB”) may give a major boost to union officials’ attempts to unionize valuable community programs […]

Virginia DOLI Mandates Masks Regardless of Vaccination Status

Read the article here for updates On September 8, 2021, the Virginia Department of Labor and Industry (“DOLI”) published new Virginia Occupational Safety and Health Administration Standards mandating, among other things, that Virginia employers require unvaccinated employees working indoors to wear face coverings. The new Standards also mandate face coverings for vaccinated individuals working indoors […]

Virginia Collective Bargaining Statute

The following resources, organizations, literature, and professionals in the field offer a wide scope of information to localities, and the practitioners advising them, as they face issues arising from the Virginia collective bargaining statute, Va. Code § 40.1-57.2. (2021).    ORGANIZATIONAL RESOURCES  ABA State & Local Government Bargaining & Employment Law Committee  Contact:  Brad HoffmanDirector, ABA Section of Labor and Employment […]

New Virginia Overtime Wage Act Impacts Overtime Calculation

Pen on a Form W-2 Wage and Tax Statement

The Virginia Overtime Wage Act went into effect on July 1, 2021, and the new law can significantly impact how Virginia employers calculate overtime pay and increase liability for failure to pay overtime wages properly. Although the new law has similarities to the federal Fair Labor Standards Act (FLSA), the Virginia law is sufficiently distinct […]

DOL Amends Tipped-Employee Rules

The Department of Labor (“DOL”) recently made the following three substantive changes to regulations concerning tipped employees, which will become effective on March 1, 2021: