The DOL’s New Wage Standard

By on September 27, 2019

On Wednesday, the U.S. Department of Labor issued a final rule that significantly expands the overtime protections under the Fair Labor Standards Act.  The rule becomes effective on January 1, 2020. Currently, the FLSA exempts from its minimum wage and overtime requirements executive, administrative, professional, outside sales, and computer employees.  To be exempt, employees must […]

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Sexual Orientation and Gender Identity

By on April 24, 2019

Title VII of the Civil Rights Act of 1964 prohibits covered employers from discriminating against workers on the basis of sex. These days, everyone understands that.  A critical question for several years has been whether discrimination on the basis of sexual orientation or gender identity is a form of sex discrimination prohibited under Title VII. […]

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Cell Phones and the NLRB

By on April 10, 2019

With the prevalence of cell phones today, many companies attempt to manage employee time spent on personal mobile devices. At the same time, there are legal limits on what employers can do about this issue. Many companies do not think of the National Labor Relations Board (NLRB) when it comes to something like cell phone […]

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Pilot Projects in Appellate Mediation Begin

By on March 20, 2019

In the Spring 2019 edition of the Virginia Bar Association Journal, appellate attorney John O’Herron authored an article on Virginia’s offering of a formal appellate mediation program.From the article: The rise of alternative dispute resolution in the Commonwealth of Virginia continues. The first of this year, Virginia joined many of its sister states in offering […]

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Anticipated New Overtime Rule

By on February 5, 2019

Several clients and others have asked me recently about the anticipated new overtime rule and potential increase in the “white collar” exemption.  The exemption has not been raised since 2004. You will recall that in May 2016 the DOL issued a new rule.  It got a lot of attention.  That new rule more than doubled […]

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New Wellness Program Rules

On January 15, 2019

Employers with established wellness programs that collect health information or require a medical exam can no longer rely on EEOC regulations to claim that incentives under their wellness programs are voluntary.  The EEOC recently published a final rule vacating prior rules that allowed employers to offer significant financial incentives to workers who participate in wellness […]

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Duty of Care to Family and Third Parties

By on December 19, 2018

The Virginia Supreme Court significantly extended the duty of care an employer owes beyond employees to any family members, or even third parties, who may be affected by the employer’s action.  The issue in this case involved asbestos, but the ruling easily could apply to other situations as well.  In a 4 to 3 decision, […]

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