Blogs

Employment Law

NLRB Adds “Stay-or-Pay” Provisions to the List of Employee Restrictions that Violate Federal Law

On October 7, 2024, National Labor Relation Board (NLRB) General Counsel (GC), Jennifer Abruzzo, issued a memorandum to NLRB field offices adding additional substance to the position on non-competes she outlined in her May 30, 2024, Memo, chiefly that “overbroad non-compete agreements are unlawful because they chill employees from exercising their rights under Section 7…

October 16, 2024

Employment Law

Employers: Be Careful What You Say About a Former Employee. Inflammatory Posts Can Result in a Charge of Retaliation

U.S. employers continue to face significant risks from claims of unlawful workplace retaliation under federal law, including Title VII of the Civil Rights Act and the Fair Labor Standards Act (FLSA). To emphasize that point, the U.S. Equal Employment Opportunity Commission’s (EEOC) most recent statistics show that it received more than 46,000 employee retaliation complaints…

October 9, 2024

Employment Law

Best Practices for Terminating Remote Workers in Virginia

The rise of remote work has fundamentally reshaped the modern workplace, offering unprecedented flexibility and access to talent across geographic boundaries. However, this shift introduces new challenges for employers, particularly when it comes to terminating remote employees. Let’s explore the legal considerations and best practices for terminating remote employees in Virginia, helping you navigate this…

October 2, 2024

Employment Law

Will Virginia’s New Massive Education Union Influence K-12 and College Labor Policies?

The recent news about the formation of a massive education union in Fairfax County, Virginia, near Washington, D.C., driven by the merger of several large labor groups, marks a significant moment for the state. This newly united labor front, which consists of more than 27,500 members, including teachers, teaching assistants, support staff, and even administrators,…

September 16, 2024

Employment Law

Mini-COBRA Laws in Virginia, DC, and Maryland: What Small Business Employers and Benefit Managers Should Know

As small business employers and benefits managers, staying compliant with employment laws is a key part of your success. One area that deserves special attention is health insurance continuation coverage, specifically the mini-COBRA laws. While most of us are familiar with the federal COBRA law, which requires employers with 20 or more employees to offer…

September 12, 2024

Employment Law

Pay Transparency: Key Insights for Employers in the DMV

In today’s evolving workplace landscape, pay transparency has emerged as a critical topic for employers and employees alike. But what exactly is pay transparency, and why does it matter? Pay transparency involves the open sharing of information about compensation within an organization, including salary ranges, pay scales, and criteria for raises and bonuses. This blog…

July 25, 2024

Employment Law

OSHA Proposes New Heat Injury and Illness Protections for Workers

On July 2, 2024, the Occupational Safety and Health Administration (OSHA) gave notice of proposed rulemaking titled “Heat Injury and Illness Prevention in Outdoor and Indoor Work Settings.” The proposed rules would for the first time set federal heat standards to protect the health and safety of U.S. workers. There are currently no federal OSHA…

July 17, 2024

Employment Law

New Virginia Higher Ed Laws: A Significant Shift in College Admissions

On July 1, 2024, Virginia ushered in a new era in higher education in the Commonwealth with the implementation of groundbreaking legislation that bans legacy preferences in college admissions. The move positions Virginia as a leader in the quest for a more equitable and inclusive admissions process. Understanding the New Legislation The new law, which…

July 8, 2024

Employment Law

With the Demise of the Chevron Doctrine, Will the FTC’s Ban on Non-Competes Survive Judicial Review?

On May 7, 2024, the Federal Trade Commission (“FTC”) published its final Non-Compete Clause Rule (“Final Rule”) making it an “unfair method of competition,” in violation of Section 5 of the Federal Trade Commission Act (“FTC Act”), for employers to “enter into non-compete clauses with ‘workers’” (includes both “employees” and “independent contractors”) after the effective…

July 2, 2024

Business and Financial Services

Is a Private School’s 501(c)(3) Status Enough to Subject it to Title IX Compliance Obligations?

In a decision of significance for private schools and other tax-exempt organizations, the United States Court of Appeals for the Fourth Circuit (“Fourth Circuit”) decided recently that merely having 501(c)(3) tax status is not a form of “federal financial assistance” sufficient to subject a tax-exempt school or organization to compliance obligations under Title IX of…

April 17, 2024