From our Blog
October 13, 2022
NEW PROPOSED INDEPENDENT CONTRACTOR RULE
A new proposed rule has been issued by the U.S. Department of Labor (DOL) to clarify who qualifies as an independent contractor under the federal wage and hour law. The federal rule concerning independent contractors has been confusing in recent years because it has periodically been revised depending upon whether a Democratic or Republican presidential administration has been in power. The new proposed rule will make it more difficult to classify workers as independent contractors.
August 15, 2022
NONCOMPETE AGREEMENTS 2022 WAGES UPDATE
In previous blogs we have discussed the 2020 Virginia statute (§ 40.1-28.7:8. Covenants not to compete prohibited as to low-wage employees; civil penalty (virginia.gov)) that restricts the use of noncompete agreements. Employers who use noncompete agreements for the limited category of employees should review annually the updates to the average weekly wage.
June 20, 2022
I-9 FORM VERIFICATION FOR REMOTE WORKERS
All employers must complete an I-9 form for all workers to verify their employment eligibility. The I-9 requires the employee to present certain documents to the employer in order to establish the employee’s identity and work authorization. During the pandemic, the Department of Homeland Security (DHS) waived requirements that employers inspect documents in person in workplaces that were operating remotely, and those employers have been allowed to use alternatives like videoconferencing, fax or email. The waiver is currently extended through the end of October, 2022.
April 13, 2022
NONCOMPETE AGREEMENTS UPDATE
One of our previous blogs discussed the 2020 Virginia statute (§ 40.1-28.7:8. Covenants not to compete prohibited as to low-wage employees; civil penalty (virginia.gov)) that restricted the use of noncompete agreements. A couple of little-noticed provisions in the statute deserve further comment.
March 22, 2022
VIRGINIA OSHA COVID-19 STANDARD WITHDRAWN
Yesterday, March 21, 2022, the Safety & Health Codes Board of the Virginia Department of Labor and Industry (DOLI) voted to revoke the Standard for Covid-19 prevention that has been regulating Virginia workplaces. The revocation is effective March 23, 2022. In place of the Standard, DOLI issued a new draft Guidance that reflects the current state of Covid infections. The draft Guidance can be found at
March 8, 2022
COBRA DEADLINES EXTENDED AGAIN DUE TO THE PANDEMIC
On February 18, Joe Biden extended the Covid-19 National Emergency for an additional year. This means that certain deadlines for COBRA and HIPAA such as the following continue to be extended:
March 1, 2022
President Expected to Sign Mandatory Arbitration Ban for Sexual-Harassment Claims
A bill has been sent to the president's desk that would ban pre-dispute employment arbitration agreements for sexual-harassment and sexual-assault claims. The House overwhelmingly approved H.R. 4445 in a 335-97 vote on Feb. 7. The Senate passed the measure on Feb. 10, and President Joe Biden is expected to sign the bill into law. Although the bill bans pre-dispute agreements to arbitrate sexual-harassment claims, employees can opt for arbitration after the claim arises.
February 17, 2022
Safety and Health Codes Board votes to withdraw Virginia's Permanent COVID-19 Standard
The Safety and Health Codes Board of the Virginia Department of Labor convened on February 16, 2022 to discuss whether there is a continued need for the “Permanent Standard for Infectious Disease Prevention of the SARS-CoV-2 Virus that Causes Covid-19”. By a 7-3 vote, the Board voted to withdraw the standard, following the recommendation of the Virginia Occupational Safety and Health Administration that a “grave danger” to workers no longer exists and the standard is no longer legally justified.
February 10, 2022
DOL RULES FOR HEALTH PLANS AND COVID TEST COSTS
The Employee Benefits Administration, an arm of the U.S. Department of Labor, on February 4 issued new guidance about the requirement for health plans to cover the cost of certain COVID test kits. The requirement is part of the Affordable Care Act as supplemented by federal COVID-related laws.
January 13, 2022
SUPREME COURT BLOCKS OSHA MANDATE
The U.S. Supreme Court today blocked Occupational Safety and Health Administration's (OSHA's) emergency temporary standard requiring businesses with at least 100 employees to ensure workers are vaccinated against the coronavirus or wear masks and undergo weekly COVID-19 testing. The Court, however, allowed the federal government through CMS to require COVID-19 vaccination for health care workers at Medicare- and Medicaid-certified providers and suppliers.
