Employment Articles

New VA Labor Laws Including Stiff Penalties for Worker Misclassification Errors (April 2020) On April 11, 2020, Virginia enacted a slew of new employment laws that will alter the landscape for Virginia workers and their employers. The laws, which don’t go into effect until July 1, 2020, will have a far-reaching impact lasting beyond the pandemic. One of the more significant provisions involves worker misclassification errors.

Paycheck Protection Program Through Covered Loans (March 2020)On March 27, 2020, the Federal Government enacted the Coronavirus Aid, Relief, and Economic Security Act (“CARES Act”) to address the economic impact of the COVID-19 pandemic. The Paycheck Protection Program (“Program”) of the CARES Act allows businesses and others to obtain covered loans with the potential for certain amounts of the covered loan to be forgiven.

Families First Coronavirus Response Act (March 2020)On March 18, 2020, the Federal Government enacted the Families First Coronavirus Response Act. This Client Alert explains the two primary obligations of employers and the assistance from the Federal Government to businesses in the form of tax relief for complying with the Act. The Act becomes effective April 1, 2020 and generally remains in effect through December 31, 2020.

Prohibitions Against Pay Secrecy Policies (January 2016)This Client Alert discusses a recent Final Rule adopted by the Department of Labor which applies to federal contractors (prime or subs) working on contracts exceeding $10,000 in value and entered into or modified on or after January 11, 2016. The Final Rule is part of a trend against confidentiality and other provisions that prohibit employees with federal contractors from discussing their compensation with co-workers. We suspect that many clients have employment agreements or other policies that will need to be reviewed in light of the trend and Final Rule.

EEOC Attacking Employee Release Agreements and Upcoming Changes to FLSA (May 2015)This Client Alert discusses (1) recent activity by the EEOC in attacking employee termination agreements (putting at risk agreements that require an employee to waive the right to participate in EEOC proceedings) and (2) upcoming important changes to the white-collar exemptions under the Fair Labor Standards Act, the effect of which will probably lead to employers having to pay overtime to more employees.

Discussion of Recent Virginia Decisions Concerning Non-Competes (November 2011)This Client Alert provides a discussion of the view of the courts in Virginia on various issues concerning non-competes and confidentiality agreements.

Understanding the FLSA and its Overtime Pay Requirements (April 1999)Congress adopted the Fair Labor Standards Act (the “FLSA”) in the late 1930’s as part of President Roosevelt’s New Deal to produce higher levels of employment among the adult work force.