COVID-19 Guidance to Employers

March 18, 2020

The President of the United States has declared a national emergency; schools are closed; national sports leagues and concerts and other live entertainment has been canceled; the size of gatherings restricted; bars and restaurants are closed, however some organizations and businesses must continue to operate and teleworking for employees may not be an option.  Various labor and employment laws regulate what an employer can do, including, but not limited to, the Americans with Disabilities Act (ADA), Title VII, the Family Medical Leave Act (FMLA) and Fair Labor Standards Act (FLS

Virginia Employees Receive the Right to Obtain Copies of Personnel Records Upon Written Demand

October 17, 2019
Virginia employers have never been required to provide employees with access to personnel files absent the issuance of legal process.  That changed as of July 1, 2019 when an amendment to the evidence section of the Virginia Code granted all employees (current and former) the right to obtain copies of records in whatever format maintained that “reflect” the employee’s dates of employment, position held, wages earned, job description and title, and any injuries the employee sustained during the course of his/her employment with the employer.  VA. Code Ann. §8.01-413.1(B).

Employment Law: Advanced Issues and Answers – One-Day Live Seminar

September 10, 2019
Trying to keep up with the intricate web of agencies governing employment law and the increasing number of legislative changes each year can be overwhelming for even the most experienced attorney or human resource director. Are you up to date on the latest legal developments and able to confidently advise clients on employment law issues? Avoid inadvertent violations of state and federal regulations. Attend this seminar and learn from seasoned practitioners as they discuss tips and techniques for handling advanced-level issues. Register today!

HOW TO PROTECT YOUR COMPANY’S INTERESTS IN VIRGINIA UNEMPLOYMENT COMPENSATION CLAIMS

February 7, 2019
Unemployment insurance benefits provide temporary financial assistance to workers who are unemployed through no fault of their own and who meet Virginia’s eligibility requirements. It is reasonable to want those who are unemployed through no fault of their own to receive financial assistance as the law allows, but prudent to not want to bear the cost of providing compensation to those who should not receive it.

Employment Law Alert - Changes to Overtime Rule Delayed and Possibly Ended

February 7, 2019
As employers are aware, the Obama administration made changes to the salary-based exemption regulation requiring employers to pay more than double the amount of salary to employees in order to take advantage of the exemption from paying overtime. The changes to the regulation required employers to pay salary-based exempt employees $913 per week on a salary basis instead of paying $455 per week on a salary basis.

MONTGOMERY COUNTY, MARYLAND HAS ENACTED AN EARNED SICK AND SAFE LEAVE LAW

February 7, 2019

By Susan Richards Salen October 612016 Montgomery County, Maryland has enacted an Earned Sick and Safe Leave Law ("Law") effective October 1, 2016. Most employers in the County will have to provide most of their employees with up to 56 hours of paid sick and safe leave. The leave is accrued at the rate of one hour of paid leave for every 30 hours worked capped at not more than 56 hours of leave a year. Small employers (defined as employers with less than 5 employees) have to provide only 32 hours of paid leave and 24 hours of unpaid leave.

Crude Comments Alone May Create an Actionable Hostile Work Environment

February 7, 2019

For years lawyers have advised employers in the Fourth Circuit (the federal circuit for appeals from United States District Courts of Maryland, Virginia and North Carolina) that crude and boorish sexual comments alone are not generally sufficient to create a hostile work environment for purposes of proving a sexual harassment claim under Title VII. Generally, in the Fourth Circuit, courts have found that comments alone are not sufficient to create an environment that is severe and pervasive enough to constitute harassment as a matter of law.