Legal Solutions At Work

Employee complaints are often the cost of doing business. Minor concerns can always be addressed, but any complaint of significance should be promptly and thoroughly investigated. Why? Offices are not perfect and mistakes will happen. Early investigation and prompt response can go a long way towards preventing a problem from becoming a tragedy.  Employees —… More

Last week, the U.S. Department of Labor (DOL) published answers to three new Frequently Asked Questions (#98-100) addressing the availability of leave under the Families First Coronavirus Response Act (FFCRA) when an employee’s child is attending school remotely or on a hybrid schedule. Employees who are caring for children who attend schools operating remotely or… More

In recently issued answers to FAQs, the U.S. Department of Labor (DOL) provided direction to employers with federal government contracts subject to the Service Contract Act (SCA) on the requirements for compliance with the Families First Coronavirus Response Act (FFCRA). The published guidance specifically addressed the wage rates set by the SCA and whether subject… More

Last month, the National Labor Relations Board (NLRB) issued a new standard which gives employers more flexibility to discipline – and terminate – employees for abusive language used while otherwise engaging in protected concerted activity under the National Labor Relations Act (NLRA). Prior to the new standard announced in In re: General Motors, LLC and… More

As businesses look toward reopening to a new normal, now is a good time to review and update your employee handbooks. Specifically: • Teleworking is likely here to stay, so employers should implement teleworking policies to address issues regarding eligibility and approval, timekeeping, equipment, workers’ compensation, and more.   • Employers should review attendance and… More

The United States Department of Labor (“DOL”) released a Final Rule – commonly referred to as the “Bonus Rule”– that clarifies how employers should calculate the overtime rate of an employee if that employer also provides employee with any bonus or other incentive-based pay under the fluctuating workweek method. Under the fluctuating workweek method, nonexempt… More

In an opinion issued on August 3, 2020, a federal judge in the Southern District of New York ruled in favor of the State of New York on its challenge to the Department of Labor’s (“DOL”) interpretation of certain provisions of the Families First Coronavirus Response Act (“FFCRA”). The court vacated the following portions of… More

The U.S. Department of Labor Wage and Hour Division (“DOL WHD”) recently issued revised model notices and forms for employer administration of the Family and Medical Leave Act (“FMLA”) plus a Request for Information soliciting feedback on potential changes to the Act. The revised forms and notices are for employees requesting and employers coordinating FMLA… More

Effective July 27, 2020, Virginia has become the first state in the country to implement statewide workplace safety standards in response to the COVID-19 emergency. The Emergency Temporary Standard (the “Standard”) was adopted by the Virginia Department of Labor and Industry’s Occupational Safety and Health Administration (“VOSH”) to require employers to take affirmative steps to… More

Effective July 1, 2020, eligible employees may take up to a total of 8 weeks of government-administered paid leave (consisting of partial wage replacement, subject to monetary cap) per year under the District of Columbia’s Paid Family Leave program (“DCPFL”) as follows: Up to 8 weeks to bond with a new child Up to 6… More