Back in 2020, the Supreme Court held in Bostock v. Clayton County that discrimination based on sexual orientation or gender identity is prohibited by Title VII of the Civil Rights Act of 1964. Recently, the Equal Employment Opportunity Commission issued guidance on...
Employment Issues For Employers
Employment Issues For Employers
New Overtime Law Goes into Effect in Virginia
Earlier this month, the Virginia Overtime Wage Act (VOWA) went into effect. The new law resembles the federal Fair Labor Standards Act (FLSA) in that it requires employers to pay employees an overtime rate of 1.5 times their regular rate for all hours worked in...
Biden Asks FTC to Rein In Non-Compete Agreements
Recently, President Joe Biden issued a sweeping executive order aimed at promoting competition and removing barriers to economic growth. In the order, he encouraged the Federal Trade Commission (FTC) to limit non-compete agreements or ban them altogether, at least for...
Fourth Circuit Case Expands the Definition of Same-Sex Harassment
In Oncale v. Sundowner Offshore Services, the Supreme Court recognized the viability of same-sex harassment cases under Title VII of the Civil Rights Act of 1964, and outlined three different forms of same-sex harassment: 1. An employee is subjected to unwanted sexual...
Larger Companies Must Step Up to Stop Age Discrimination
Over half of all U.S. adults are 45 or older, but age discrimination continues to be a problem. Ageism in the workplace is usually the result of negative stereotypes about aging, and employers should fight these stereotypes. Many studies have shown that diversity in...
What Do the CDC’s New Mask Guidelines Mean for Employers?
Last week, the CDC announced that people who have been fully vaccinated no longer need to wear masks or socially distance themselves. Although these guidelines are welcome news, they are nonetheless still only guidelines. They do not have the effect of law, and they...
What Employers and Employees Need to Know About Virginia’s New Marijuana Law
On July 1, 2021, marijuana will become fully legal to use and possess in Virginia. Here is what employers and employees need to know before the law takes effect this summer. What’s Not Allowed The new law is clear that employers can still take adverse action against...
Labor Secretary: Many Gig Workers Should Be Considered Employees
Players in the so-called “gig economy” have disrupted the traditional ways of working. Where workers were performing their company’s main business, they used to be considered legal employees under most circumstances. Now, companies like Lyft, Uber Inc., Grubhub and...
Is Time Spent Putting on PPE Compensable Under the Fair Labor Standards Act?
We previously blogged about the dangers of not paying hourly employees for time spent waiting in line to have their temperatures taken. Employees are now facing similar issues related to time spent putting on, and taking off, mandatory PPE. Recently, two former...
Lessons from Recent 4th Circuit Case: The Importance of Maintaining Communication with Employees on Leave
The Fourth Circuit recently issued an opinion that highlights the importance of maintaining regular communication with an employee who is out on leave. In Thomas v. City of Annapolis, Maryland, a police officer injured his knee on the job and was offered a permanent...