New Virginia Overtime Wage Act Impacts Overtime Calculation

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:
New Va. Labor Law Makes Localities an Offer They Can’t Refuse

The Commonwealth of Virginia has gone “all-in” to empower organized labor in local governments across the state by requiring localities to recognize and bargain with union officials regarding public employees’ employment and service.
Federal Mandates for COVID-19 Leave Discontinued

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New Virginia Law Targets Independent Contractor Misclassification

The Internal Revenue Service, U.S. Department of Labor, countless other government agencies, and plaintiffs’ attorneys have long sought unpaid taxes, wages, and benefits
Rules for Intermittent COVID-19 Leave Vary Based on Circumstances

If an employee is seeking intermittent leave under the Families First Coronavirus Response Act, employers should examine closely the employee’s circumstances and the specific reason for the leave.
Triaging Cases under the Federal COVID-19 Leave Laws

To help employers comply with the new leave requirements under the Families First Coronavirus Response Act, I authored “Triaging Cases under the Federal COVID-19 Leave Laws.”
What Employers Need to Know About New COVID-19 Leave Entitlements

The “Families First Coronavirus Response Act,” which President Donald J. Trump signed into law on March 18, 2020, provides major, temporary expansion of leave entitlements under federal law. The Act includes new bases for employees to obtain paid and unpaid leave for COVID-19-based reasons
NLRB May Fix Joint-Employer Standard . . . But Not Just Yet

In December 2017, the National Labor Relations Board (“NLRB”) overruled its controversial decision in Browning-Ferris Industries of California, 362 NLRB No. 186 (2015)
Supreme Court Reins in NLRB on Arbitration Agreements

The United States Supreme Court recently handed down a major ruling in a case that may lead employers to increase use of arbitration agreements to manage the risk of costly class-action employment litigation.