With the passage of Initiative 82 in D.C. last November, the capital will be phasing out tipped minimum wage by July 1, 2027. This means that employers in the District will be responsible for paying all employees the standard minimum wage. Currently, employers with “tipped employees” in all three jurisdictions receive “tip credits.” Under this system, employers can use tips…
Changes to NDA and Confidentiality Agreements As of July 1, 2023, Virginia prohibits clauses in NDA, confidentiality, or non disparagement agreements which have the purpose or effect of concealing sexual harassment. Previously existing law in Virginia prevented employers from requiring actual or prospective employees “to execute or renew any provision in a nondisclosure or confidentiality agreement that has the purpose…
Congress signed The Pregnant Workers Fairness Act (PWFA) into law December 29, 2022, which went into effect on June 27, 2023. Discriminating against pregnant workers was already prohibited under the Pregnancy Discrimination Act of 1978 (PDA), which amended Title VII of the Civil Rights Act of 1964 (Title VII). Furthermore, the Americans with Disabilities Act of 1990 (ADA) requires that…
In November 2021, we detailed the requirements set forth in the Occupational Safety and Health Administration’s (OSHA) Emergency Temporary Standard (ETS). As you may know, the ETS was temporarily stayed by the United States Court of Appeals for the Fifth Circuit. That stay has been lifted by the Sixth Circuit and new, updated compliance dates have been promulgated by OSHA.…
Pursuant to President Biden’s promise to use his Administration’s regulatory authority to increase the number of vaccinated American workers, on November 5, 2021, the Occupational Safety and Health Administration (OSHA) published its Emergency Temporary Standard (ETS) requiring COVID-19 vaccination among employers employing 100 or more workers. The ETS also provides these employers the option of implementing routine COVID-19 testing in…
On July 1, 2021, the Virginia Overtime Wage Act (“VOWA”) will go into effect. Previously, employers in Virginia only had to worry about the federal Fair Labor Standards Act (FLSA). But now, Virginia has added its own law, subjecting Virginia employers to greater liability for violating state overtime pay standards by allowing for class action suits, expanding the statute of…
In 2019, Maryland enacted a law that essentially voided non-compete provisions for employees making $31,200 or less annually. In 2020, Virginia took it a step further with its ban and private right of action for employees making less than Virginia’s average weekly wage. Now, Washington D.C. has enacted what amounts to an almost total ban on non-compete provisions in employment…
NON-COMPETES FOR “LOW”-WAGE VIRGINIA WORKERS ARE NOW UNLAWFUL Restrictive covenants, like non-competition agreements or non-solicitation clauses, find their way into numerous agreements, whether during onboarding in an employment agreement, as a stand-alone contract, or in separation or severance agreements, among others. While restrictive covenants have long been highly scrutinized by Virginia courts, Virginia has now joined a handful of states…
Effective July 1, 2020, employers who utilize independent contractors (and potentially even staffing companies or sub-contractors) are looking at a completely new legal landscape in Virginia. Virginia Code Sec. 40.1-28.7:7, titled “Misclassification of Workers,” provides a new cause of action for any “individual who has not been properly classified as an employee.” Virginia also passed a related anti-retaliation law codified…
On April 11, 2020, Governor Northam signed into law the Virginia Values Act (the “Act”) making Virginia the first southern state to enact legislation protecting LGBTQ workers by prohibiting sexual orientation or gender identify discrimination. Given the ongoing pandemic, however, employers may have overlooked the fact that the Act also greatly expands the overall reach of Virginia’s Human Rights Act…