On October 13, 2022, the Supreme Court of Virginia decided that individuals may not be held liable as “employers” under the recently amended Virginia Wage Payment Act, Va. Code § 40.1-29 (VWPA). The VWPA was amended...more
On June 3, 2019, the U.S. Supreme Court held that an employee may be able to proceed with a federal discrimination lawsuit, even if the employee has not first filed a Charge of Discrimination with the Equal Employment...more
6/6/2019
/ Administrative Procedure ,
Appeals ,
Certiorari ,
Employer Liability Issues ,
Equal Employment Opportunity Commission (EEOC) ,
Exhaustion Doctrine ,
Federal Rules of Civil Procedure ,
Fort Bend County Texas v Davis ,
Jurisdiction ,
SCOTUS ,
Split of Authority ,
Title VII
Welcome to the fourth edition of Williams Mullen On Call. In this edition, we are pleased to provide timely interviews with two federally qualified health center (FQHC) executives -- Vincent A. Keane, the president and CEO of...more
Companies of all shapes and sizes continually grapple with how to foster and maintain a productive, respectful work environment. Part and parcel of this objective is ensuring that the workplace complies with the various...more
5/23/2018
/ #MeToo ,
Americans with Disabilities Act (ADA) ,
Background Checks ,
Employee Evaluations ,
Employer Liability Issues ,
Fair Credit Reporting Act (FCRA) ,
Fair Labor Standards Act (FLSA) ,
Family and Medical Leave Act (FMLA) ,
Hiring & Firing ,
Independent Contractors ,
Misclassification ,
NLRA ,
Reasonable Accommodation ,
Record Retention ,
Retaliation ,
Risk Management ,
Sexual Harassment ,
Social Media Policy ,
Wage and Hour
The more that technology evolves, the easier it has become for employers of all sizes and across various industries to monitor their employees with tracking technology. Indeed, a 2012 study by technology research firm...more
On June 30, 2016, the U.S. Department of Labor announced the implementation of two interim final rules that will increase penalties under various federal statutes, including the Occupational Safety and Health Act...more
In recent years, various initiatives and enforcement efforts on both the state and federal level have arisen in an attempt to combat the misclassification of employees as independent contractors. Misclassification occurs when...more
The Virginia Department of Labor and Industry (“DOLI”) has recently announced the implementation of a new Virginia Occupational Safety and Health (“VOSH”) policy directed at preventing the misclassification of workers in VOSH...more
Classifying a worker as an independent contractor rather than an employee significantly affects an employer’s obligations towards the worker and can result in liability for misclassification. Employees are entitled by law to...more
On August 14, 2014, Virginia Governor Terry McAuliffe signed Executive Order 24 to establish an inter-agency task force on worker misclassification and payroll fraud. The task force is a response to a 2012 report of the...more