Speaking Engagements
February 2023, presenting “HR Roundtable," Virginia, Delaware & Maryland Association of Electric Cooperatives
February 2022, presenting “HR Roundtable," Virginia, Delaware & Maryland Association of Electric Cooperatives
December 2021, presenting “Updates on Virginia Employment Law," LeadingAge Virginia
November 2021, co-presenting “Open[ish] For Business – Navigating Challenges Facing Richmond Businesses, Including Law Firms and the Clients They Serve, in the Evolving Pandemic," Richmond Bar Association
October 2020, co-presenting "Cocktail Party Law: A Basic Primer on Employment, Traffic, Community Association Law and COVID-related Business Law Matter," webinar, Richmond Bar Association
September 2020, presenting "COVID-19 – Leave Issues Under the FFCRA, FMLA, and ADA – The Law," webinar, Virginia Bar Association 50th Anniversary Annual Conference on Labor and Employment Law
July 2020, co-presenting "What Claims Will Communities Likely See? What Will be the Possible Increased Obligations as Communities Begin To Reopen?," webinar, LeadingAge Virginia
May 2020, co-presenting "Impact on Employers as Virginia Returns to Work," webinar, SIMA Client Meeting
May 2020, co-presenting “Play Through: COVID-Related Challenges for the Golf Industry,” webinar, Virginia State Golf Association
April 2020, presenting "COVID-19 and Key Legal Issues for Employers" to LeadingAge Virginia and Maryland.
February 2020, presenting "HR 2020: Top Tips to Bring HR Into a New Decade” to the Virginia, Maryland & Delaware Association of Electric Cooperatives
September 2019, moderating "A Conversation with Commission Lipnic” at the Virginia Bar Association Labor & Employment Conference
July 2019, presenting “Workers Who Can’t Wait – Navigating Leave as an Accommodation” to Virginia Bar Association Summer Meeting
May 2019, presented “#MeToo in the Workplace: Creation, Compliance, Countermeasures” to the Society of Corporate Compliance and Ethics
February, 2019, New DOL Guidance on Tip Credit webinar
August, 2018, presenting “U.S. Employment Law Training”, Richmond, VA
June, 2018, presenting “ADA Compliance Overview”, Richmond, VA
March 22, 2018, presenting “Harassment Pitfalls”, Richmond, VA
February 12, 2018, presenting “EPLI: A Year in Review and A Look at What Is To Come”, Jersey City, NJ
October 11, 2017, presenting “Wage Issues: Practical Tips to Avoid Liability”, with NBI, Inc.
May 18, 2017, presenting “Staffing and Employment Issues” to the Associated General Contractors of Virginia, Young Leaders Conference
May 11, 2017, moderating “Human Resources 101: Hiring, Firing and Employment Law Update” for the Richmond Bar Association
April 11, 2017, presenting “The Trump Experience: How U.S. Law Will Change – Employment Changes, webinar
April 27, 2017, presenting “The Trump Experience: How Employment Laws Will Change” to the Virginia Association of Personal Care Providers, 2017 Spring Meeting
March 1, 2017, presenting “Contractors-Employees: A War on Misclassification”, Richmond, VA
August 25, 2016, presenting “Minimizing Risk in the Construction Industry: Tips of Managing Employees” to the Associated General Contractors of Virginia, Young Leaders Conference
July 20, 2016, presenting “Be(A)ware – Employment Laws are Changing” to the Association of Legal Administrators
July 12, 2016, presenting “War on Misclassification” to the Hanover Chamber of Commerce
April 7, 2016, (Newport News), April 12, 2016 (Richmond), April 19, 2016 (Fairfax) presenting “Human Resources Rules and Regulations” to the Virginia Association of Personal Care Providers
April 11, 2016, presenting “How to be a DOL/ OSHA Whisperer: Speaking the language of regulators” to the Hill-Tucker Bar Association
April 13, 2016, presenting “How to be a DOL/ OSHA Whisperer: Speaking the language of regulators” to the Richmond Bar Association
January 14, 2016, presenting "Employment Law Update: Cutting Edge Issues” to lawyers and human resources professionals on behalf of Sterling Education Services
October 7, 2015, presenting "Discipline and Discharge - Necessary Documentation,” and “Controlling Unemployment Compensation Costs” to lawyers and human resource professionals on behalf of the National Business Institute
October 6,2015, presenting “Human Resources, Overtime Exemptions, and the ACA” to the Virginia Association of Personal Care Providers
October 7, 2015, presenting “Discipline and Discharge - Necessary Documentation,” and “Controlling Unemployment Compensation Costs” to lawyers and human resources professionals on behalf of the National Business Institute
October 2015, presenting “The Five Hottest Areas of Employment Liability Risk” to the Chesterfield Chamber of Commerce
February 4, 2015, presenting “Fundamentals of Employment Law” to lawyers and human resources professionals on behalf of Sterling Education Services
ARTICLES
October 23, 2024
The Presidential election is days away. Employers should be up to date on their obligations regarding an employee’s right to vote.
August 29, 2024
Hospitality employers take note – the Department of Labor’s (DOL) tip rule has been struck down.
June 26, 2024
Employers are looking to save time and money and are turning to Artificial Intelligence (AI) in order to make employment practices more efficient. In Spring 2024, the
U.S. Department of Labor (DOL) issued guidance to help employers navigate the use of AI. The takeaway for employers is that eliminating humans from critical employment processes could result in a violation of federal employment laws. This article discusses ways to avoid federal wage and hour claims when using AI.
April 24, 2024
On April 23, 2024, the Federal Trade Commission (FTC) issued a
Final Rule that bans most existing non-compete agreements once the Rule becomes effective, which currently is estimated to be September 10, 2024.
April 3, 2024
As California struggles with a new $20.00 per hour minimum wage for fast food workers, Virginia Governor, Glenn Youngkin, recently vetoed a legislative bill (H.B. 157) that would have raised the hourly minimum wage in Virginia from $12 to $15 by 2026.
February 21, 2024
On February 14, 2024, the U.S. Department of Labor (DOL) Wage and Hour Division Administrator, Jessica Looman, testified before the House and confirmed the DOL’s intention to release its new overtime rule (the Rule) in April 2024, despite Republican representatives urging the DOL to withdraw a proposed overtime rule.
March 24, 2022
Virginia has repealed its first-in-the-nation COVID-19 workplace safety rules.
January 26, 2022
On January 25, 2022, the Occupational Safety and Health Administration (“OSHA”), announced they were formally withdrawing its emergency temporary standard requiring employers with more than 100 employees require their employees to receive the COVID-19 vaccine.
January 13, 2022
On January 13, 2022, the Supreme Court of the United States issued its opinion governing President Biden’s two vaccine mandate directives.
December 20, 2021
The Sixth Circuit lifted the stay on OSHA’s vaccine or test mandate for employers with 100 or more employees. The Fifth Circuit stayed the mandate pending a review of whether the coronavirus presented a “grave danger” necessitating such sweeping federal action a day after the rules were published. With the stay lifted, employers are left revisiting the requirements of the mandate.
August 10, 2021
Employers can no longer rely on their contracts, policies, or industry standards as grounds for seeking a private suit against employees under the Computer Fraud and Abuse Act of 1986 (CFAA). The Supreme Court recently ruled that the CFAA did not regulate a person's authorized access to a computer for an improper purpose. The Court limited claims under the CFAA to a person who exceeds his/her authorized access.
June 2, 2021
Every winter, Virginia’s General Assembly gathers in Richmond to pass new laws affecting Virginians and Virginia businesses. Three of the most recent and consequential changes affecting employers are changes to Virginia’s minimum wage, paid sick leave to certain employees, and prohibition on disciplining employees for medicinal use of cannabis oil.
July 17, 2020
On Wednesday, July 15, 2020, the Virginia Safety and Health Codes Board (“Board”) of the Virginia Department of Labor and Industry (“VDOLI”) met to discuss and adopt workplace safety regulations (16 VAC 25-220) proposed by VDOLI on June 12, 2020 in response to the SARS-CoV-2 virus (“Virus”) that causes COVID-19. This meeting was the final meeting in a series of meetings held by the Board to discuss the originally-proposed regulations. During this time, multiple amendments to these regulations were proposed by Board members.
July 13, 2020
Effective July 1, 2020, the Virginia Values Act amends and drastically rewrites the Virginia Human Rights Act (“VHRA”), adding substantial teeth to the statute. Among its key provisions, the Virginia Values Act expands the definition of covered employers, expands the causes of action available to aggrieved employees, increases the classes of employees who are protected, and expands the remedies available to employees who sue. With the substantial changes, it is anticipated that employers will see a flood of new litigation under the VHRA.
July 13, 2020
Virginia employers who have or are considering non-compete agreements with low-wage earners should take note. Effective July 1, 2020, Virginia employers are prohibited by statute from entering into, enforcing, or threatening to enforce a covenant not to compete with any low-wage employee. See Va. Code § 40.1-28.7:8(B).
June 26, 2020
On March 10, 2020, Governor Ralph Northam signed into law an amendment to the Virginia Wage Payment Act (“WPA”) passed by the Virginia General Assembly, which will go into effect on July 1, 2020.
June 25, 2020
On Wednesday, June 24, 2020, the Virginia Safety and Health Codes Board (“Board”) of the Virginia Department of Labor and Industry met to discuss the adoption of the proposed COVID-19 workplace safety regulations previously highlighted in our June 18 Client Alert below. The Board did not vote on the proposed regulations, but addressed several procedural matters moving the Board closer to approving new regulations in the near future. The Board anticipates holding another meeting the week of June 29, 2020 where it may vote on approving final regulations, although a meeting date has not been announced.
April 8, 2020
In light of the current state of affairs surrounding COVID-19, employers are facing challenges not typically encountered in their day-to-day roles. Our Whiteford professionals have addressed questions for our clients in hopes these answers will assist in easing how to deal with this particularly difficult, ever-changing situation.
March 27, 2020
On Friday, March 27th, the House of Representatives passed the Coronavirus Aid, Relief, and Economic Security (CARES) Act, which was previously passed by the Senate. The wide-ranging statute contains a host of provisions that will be importance to employers, including with respect to low-interest loan programs and other forms of financial relief.
March 24, 2020
On Monday, March 23, 2020, Governor Northam issued Executive Order 53 (“EO-53”) implementing a variety of state-wide “shutdown” measures intended to slow the spread of COVID-19. Governor Northam, through EO-53, ordered a number of private business to close from 11:59 p.m. on March 24, 2020 through 11:59 p.m. on April 23, 2020.
March 18, 2020
On March 18th, the U.S. Senate approved the Families First Coronavirus Response Act, which was recently passed by the House of Representatives. The legislation now awaits signature by the President. Among a host of measures relating to health services and other forms of aid, the Act contains two new laws creating employee leave rights that will apply to a broad spectrum of employers. Under the terms of the new statute, these employee leave provisions will take effect within 15 days of the law being enacted. Below is brief overview of the key provisions of those two components of the Act.
January 16, 2020
On January 12, 2020, the U.S. Department of Labor (DOL) announced its Final Rule clarifying that employers must exercise “direct control” over employees to be a joint employer under the Fair Labor Standards Act (FLSA). The Rule is good news for employers; it sets a higher standard for plaintiffs seeking additional defendants in a wage and hour claim. Employers who use staffing agencies, have franchise relationships, or use subcontractors will want to take special note.
September 30, 2019
On September 24, 2019, the U.S. Department of Labor issued its final version of the much anticipated overtime exemption rule, raising the minimum salary threshold required to qualify for the Fair Labor Standards Act’s (FLSA) “white collar” exemptions to $35,568 per year, or $684 per week.
July 1, 2019
As of July 1, 2019, employers in Virginia must furnish to employees and former employees copies of all records retained by the employer in the following categories:
- the employee’s dates of employment with the employer
- the employee’s wages or salary during the employment
- the employee’s job description and job title during employment
- any injuries sustained by the employee during the course of the employment with the employer (Virginia Code §8.01-413.1(B)).
