Employment News

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By Susan Richards Salen, Esquire

ETS for Large Employers Requiring Vaccination and Testing Issued

The Occupational Safety and Health Administration has issued its Emergency Temporary Standard on COVID-19 Vaccination and Testing applicable to large employers (those that employ 100 or more employees). Access OSHA information on and full regulation here: COVID-19 Vaccination and Testing ETS | Occupational Safety and Health Administration (osha.gov)

Key points of the regulation are as follows:

By Susan Richards Salen

OnDemand NBI Class by Susan Richards Salen.

Click here to access the class

There have been some important developments in state and local laws affecting employers in the DMV. In addition, employers need to understand how the widespread availability COVID-19 vaccinations in the DMV may impact the workplace. We have summarized the changes below.

Virginia’s Temporary COVID 19 Regulation is Permanent

Effective July 1, 2020, Virginia employers with five or more employees must provide reasonable accommodation to employees and applicants due to such person’s pregnancy, childbirth, or related medical condition (including lactation), unless the employer can demonstrate that such accommodation would impose undue hardship on the employer.  Similar to the Americans with Disabilities Act (ADA), the law requires that an employer engage in an interactive process with the employee/applicant to determine if a reasonable accommodation i

Effective July 1, 2020, the Virginia employment law will drastically change to the benefit of those employed in the Commonwealth of Virginia.  Heretofore, Virginia’s laws could be counted on to favor employers.  Employees had little protection in the state anti-discrimination law, wage and hour laws, and, though increasing protections through case law existed in employee favor in the restrictive covenant arena, Virginia had no laws that regulated non-competes.  The Virginia General Assembly with Governor Northam approval enacted legislation in these three areas which will