Presenter: "Marijuana Legalization in Virginia," LeadingAge Virginia, Webinar (April 2022)
Presenter: "Continuing the Fight to Ensure Equality and Social Justice: Name, Image and Likeness in Sports," Old Dominion Bar Association(February 2022)
Presenter: "Marijuana Legalization in Virginia," LeadingAge Virginia, Webinar (May 2021)
ARTICLES
December 12, 2024
As the advancements in medicine grow, so too do the number of clinical trials. Clinical trials for serious medical conditions are nothing new. Recently, the U.S. Department of Labor analyzed whether the Family and Medical Leave Act (FMLA) covers employees taking time off work to participate in a clinical trial for their own serious health condition. On November 8, 2024, the U.S. Department of Labor’s Wage and Hour Division issued an
Opinion Letter concluding that based on the facts presented, the FMLA applied to the leave sought by the employee to participate in clinical trials for an employee’s treatment of a serious health condition.
October 3, 2024
On October 1, 2024, U.S. Dockworkers at America’s largest ports along the East and Gulf coasts went on strike. The International Longshoremen’s Association union, representing approximately 45,000 port workers, initiated the strike following breakdowns in negotiations about pay increases and automation projects.
July 31, 2024
On July 29, 2024, the California Supreme Court issued a unanimous opinion in Bailey v. San Francisco Dist. Attorney Office, Cal., No. S265223, and held that the employee’s claims of racial harassment should proceed to jury trial and the trial court's summary judgment decision for the employer was in error.
June 5, 2024
Every July 1, after the Virginia Legislature has carefully debated thousands of bills, those bills that survive the scrutiny of both chambers and the Governor go into effect. As this process plays out, employers need to be vigilant of any changes that may impact their business. This year, given the divide between the legislature and the Governor, the changes to the labor and employment landscape are minimal.
April 3, 2024
On March 29, 2024, the U.S. Department of Labor and the Occupational Safety and Health Administration (OSHA) published a final
Rule clarifying the rights of employees to have a representative attend inspections performed by OSHA compliance officers. This Rule is effective May 31, 2024.
January 30, 2024
Over the past decade, and especially recently, more and more state legislatures have passed paid leave laws providing for tax-funded paid medical and/or family leave programs. These new programs provide leave for employees above and beyond the normal “PTO,” “Vacation,” or “Sick” leave employers generally afford their employees.
November 16, 2023
Last week, the Department of Labor
announced it had recovered $11.4 million in back wages and liquidated damages for more than 1,000 employees of a popular Mexican Restaurant chain, Plaza Azteca. Following an investigation that began in 2019, the Department of Labor filed a lawsuit against the owner of several Plaza Azteca locations alleging violations of the Fair Labor Standards Act (“FLSA”).
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.
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 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).
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.
