Hold on to Your Collars: Overtime Changes to White Collar Exemptions are Coming under the Fair Labor Standards Act

By: Nicole Cheuk.

On June 30, 2015, the United States Department of Labor issued the long-anticipated Proposed Rulemaking to update the regulations governing which “white collar workers”— executive, administrative, and professional employees — are entitled to minimum wage and overtime pay pursuant to the Fair Labor Standards Act. If implemented as proposed, early estimates indicate that over 5 […]

 

EEOC Digital Charge Processing – Pilot Program Underway

By: Nicole Cheuk.

The EEOC launched a pilot program, “ACT Digital” on May 6, 2015 in the following EEOC offices: Charlotte, N.C. (that includes Greenville, S.C.; Norfolk, Va.; Raleigh, N.C.; Richmond, V.A.); and San Francisco, C.A. Additionally, the EEOC announced plans to expand the pilot to four more districts by the end of May 2015 and that ACT […]

 

MIND YOUR OWN BUSINESS! New Employment Laws for Social Media Accounts

By: Michael R. Bedsaul.

The Nutshell  Effective July 1, 2015, Virginia Code § 40.1-28.7:5 prohibits employers from requiring that current or prospective employees disclose information about their personal social media accounts. Who does it apply to? The new law applies to all private employers previously defined under Virginia Code § 40.1-2, such as individuals, partnerships, and corporations.  But, now […]

 

Supreme Court Gives Conciliatory Nod to the EEOC’s Duty of Conciliation

By: Mike DeCamps.

In a unanimous decision issued on April 29, 2015, the United States Supreme Court has unequivocally allowed judicial review of the Equal Employment Opportunity Commission’s (EEOC)’s pre-litigation conciliation efforts, but has articulated a rather limited scope of review.  See MACH MINING, LLC v. Equal Employment Opportunity Commission, 575 U.S. ___ (2015). Like any good compromise, […]

 

Are Settlement Attempts Still Required for EEOC Charges?

By: Faith Alejandro.

Should attempts to settle discrimination lawsuits with the EEOC be made in good faith?  Employers in Illinois, Wisconsin, and Indiana think so and hope the Supreme Court of the United States will agree. Last month, the Supreme Court heard oral argument in an appeal from a case in the Seventh Circuit, which ruled last December […]

 

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 […]