Legislative (Federal and State) Developments

Last month, the State of New York passed legislation which permits New York employees up to four hours of paid leave to receive a COVID-19 vaccination. While this new legislation became effective immediately upon passing on March 12, 2021, employers were left with many questions regarding their obligations under the law. In an effort to resolve some of these questions, the New York Department of Labor issued guidance in the form of FAQs to provide clarification for employers.
Continue Reading NY DOL Releases Guidance on COVID-19 Vaccination Leave

The American Rescue Plan Act signed in March 2021 provides for a 100% COBRA premium subsidy for certain individuals who are eligible for and enroll in COBRA coverage between April 1, 2021 and September 30, 2021. Employers sponsoring health plans should take action quickly to ensure that the subsidy is properly administered and consider its effects on any planned layoffs or other severance events.
Continue Reading COBRA Subsidies Under ARPA: Employer Action Needed

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

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

Last month, Washington, D.C. Mayor Muriel Bowser signed the Ban On Non-Compete Agreements Amendment Act of 2020, which becomes effective next week.  This law is a statutory ban on non-compete agreements that has the strength of similar bans in California, North Dakota, and Oklahoma. 
Continue Reading Washington, D.C. Passes One of the Most Robust Prohibitions on Non-Competes in the Country

Virginia became the first state in the country to pass a workplace safety standard specific to COVID-19 on July 15.  It includes hazard assessment, communication and training requirements, depending on the types of tasks employees perform at work.
Continue Reading Virginia Passes First-in-the-Nation COVID-19 Safety Standard – What it Means for Your Workplace

Virginia has enacted several new labor and employment laws that are poised to dramatically change the legal landscape for employers in Virginia, including enacting “ban the box” legislation for simple possession of marijuana. 
Continue Reading Virginia Enacts “Ban the Box” Legislation for Marijuana Possession Arrests, Charges, and Convictions

The new Democratic majority in the Virginia General Assembly wasted no time in passing numerous pieces of legislation that will change dramatically the landscape of Virginia labor and employment law and increase employer’s compliance burden and litigation dockets. Please join us for an informative and interactive discussion of these changes.
Continue Reading You’re Invited: Brave New World – A Review of Virginia’s New Labor and Employment Laws and How They Will Change the Game for Virginia Employers

As states have worked to process the millions of unemployment claims arising out of the pandemic, many questions have arisen about who is eligible for the federal Pandemic Unemployment Assistance (PUA) benefit under the CARES Act.  The Department of Labor’s most recent guidance attempts to answer many of these questions posed by the states and may be helpful to employers considering furloughs or layoffs.

Continue Reading DOL Amplifies Guidance on Pandemic Unemployment Assistance Program

The Department of Labor released posters that employers with fewer than 500 employees must use to meet the notice posting requirements of the Families First Coronavirus Response Act.

The DOL issued two posters, one for federal employers, available here and one for all other covered employers, available here.  The DOL also provided a questions and answers page regarding the notice posting requirement here.


Continue Reading Department of Labor Releases Coronavirus Leave Posters