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In the first four months of 2021, Virginia, New Mexico, New York and New Jersey passed laws legalizing or decriminalizing, in some form, recreational marijuana.  Exactly how these laws will affect employers in these states is still an open question, but for now, employers should understand the nuances of the laws so they can prepare for the emerging reality that is legal marijuana.
Continue Reading The Trend Towards Legal Recreational Cannabis: Considerations for Employers

On March 25, 2021, Virginia Governor Ralph Northam signed into law new protections for employees related to the medicinal use of cannabis oil.  Effective July 1, 2021, the newly enacted law will prohibit employers from disciplining, discharging, or discriminating against an employee for his or her lawful use of cannabis oil so long as the use is pursuant to a valid written certification issued by a health care practitioner for the treatment of the employee’s diagnosed condition or disease.
Continue Reading Virginia Enacts Employment Protections For Medical Use of Cannabis Oil

Following the flood of employee-friendly legislation during the Virginia General Assembly’s 2020 session, which included a significantly strengthened wage payment law, the 2021 session resulted in the passage of yet another new wage-related law that employers need to be aware of.  This new law – the “Virginia Overtime Wage Act” – goes into effect on July 1, 2021 and will usher in the first overtime pay requirement in Virginia’s history.
Continue Reading Virginia’s New Overtime Law Threatens Double and Treble Damages For Employers Who Don’t Pay Up

Covid-19 has left employers who want their employees back in the office in a difficult position. With the pandemic still raging, many employees are fearful of returning to the office with unvaccinated peers. In order to ease their employees’ concerns and provide a safe work environment, some employers are offering incentives to get vaccinated.
Continue Reading Legal Considerations of Employer-Provided Covid-19 Vaccine Incentives

It is early in 2021 and already the NLRB has before it ALJ determinations that employee handbook policies conflict with the NLRA. When analyzing employee handbook policies, the Board generally applies the Boeing test, whereby a handbook policy’s potential interference with employee rights under the NLRA is balanced against an employer’s legitimate justifications for the policy, when viewing the policy from the employee’s perspective. While the NLRA and the Boeing test apply to a number of employee handbook policies, confidentiality, social media, and solicitation/distribution policies are especially vulnerable.
Continue Reading It’s Time Again for Employers to Ensure Handbook Compliance

Employers with more than 25 employees must provide COVID-19 supplemental paid sick leave to their California employees under a recent law signed by the Governor.  This new law is broader than California’s prior COVID-19 paid sick leave law and, unlike the prior law, also covers employees who telework. The new sick leave entitlement is retroactive to January 1, 2021 and extends until September 30, 2021. …
Continue Reading California Passes New COVID-19 Sick Leave Requirements for 2021

California employers may mandate employee vaccination under new guidance from the State’s Department of Fair Employment and Housing (DFEH).  With the opening up of California businesses and expansion of vaccine eligibility, a key question facing employers has been whether they can require their employees to get vaccinated.
Continue Reading CA DFEH Issues Guidance on Mandatory Employee Vaccination

While COVID-19 may have hit the business community like a hurricane, whether the pandemic, in fact, qualifies for a natural disaster exception under the federal law requiring businesses to warn employees of impending layoffs, remains an open question. This February, a federal judge paved the way for the Eleventh Circuit to weigh in on whether a class action can proceed against an employer who was forced to lay off employees due to COVID-19.
Continue Reading The Eleventh Circuit Could Tackle Whether COVID-19 is a Disaster for WARN Purposes with Companies Facing Continued Layoffs

Since taking office, President Biden has issued Executive Orders covering topics from climate change to mask mandates.  Some of these new Executive Orders are aimed at eliminating discrimination and promoting equity at the federal level.  These directives will likely result in new requirements for private sector companies that are government contractors or subcontractors, and could require them to revise practices and policies in order to keep, or procure new, government contracts.
Continue Reading Executive Orders Impact Federal Agencies and Government Contractors