Another Exception to Employment At-Will

By: Phyllis Katz.

Virginia is known as a stalwart adherent to the doctrine of employment at-will.  The courts in Virginia have long recognized that the employment relationship is for an indefinite term and may be terminated for any reason or no reason, at any time, with or without cause or notice.  This right, known as employment at-will, can [...]

 

Updated OSHA Reporting and Recordkeeping Rule: What Employers Need to Know

By: Nicole Cheuk.

As of January 1, 2015, the Occupational Safety and Health Administration’s (“OSHA”) updated recordkeeping and reporting rule went into effect. The recordkeeping rule changed in two key ways: (1) the rule updated the industries that are exempt (and not exempt) from the requirement to keep injury and illness records; and (2) the rule expanded the [...]

 

White Collars Tighten: Forecasting Changes to Overtime Qualification Rules

By: Mike DeCamps.

On March 13, 2014, President Obama signed a Presidential Memorandum directing the Department of Labor to update the regulations defining which white collar workers are eligible to receive pay for hours worked over 40 hours in a work week.  The proposed rule was originally forecast to be issued in November of 2014, but it is [...]

 

Virginia Dept. of Health offers Ebola advice for employers

By: Phyllis Katz.

 Many employers, particularly health care facilities, are concerned about the spread of Ebola through workplace contact(s).  There has been very little guidance until today.  The following link will connect you to the advice that the Virginia Department of Health has just released.  Before implementing any policy where an individual is excluded from employment (either [...]

 

Pregnancy Guidance Seems to Require Light Duty For All

By: Karen Elliott.

The EEOC’s pregnancy discrimination guidance issued July 14 affects more than just the rights of pregnant women in the workplace. Although nominally titled as an enforcement guidance regarding “pregnancy discrimination,”  the guidance potentially reaches beyond pregnant employees to employees with a disability regardless of cause. The EEOC’s guidance holds that impairments related to pregnancy may qualify for [...]

 

Virginia Significantly Raises Worker Misclassification Fines

By: Phyllis Katz.

Worker misclassification remains a number one target area for both state and federal review.  On July 1, 2014, the  Virginia Workers Compensation Act (the “VWCA”) significantly increased the civil penalties that the state can impose on a Virginia business owner who has failed to insure a worker who should have been insured.    The civil penalty is now up to [...]