Beginning on July 1, 2025, Virginia’s existing non-compete statute, Va. Code § 40.1-28.7:8, will be expanded to prohibit post-employment non-compete agreements and certain non-solicitation covenants with any non-exempt...more
4/29/2025
/ Contract Terms ,
Employer Liability Issues ,
Employer Responsibilities ,
Employment Contract ,
Fair Labor Standards Act (FLSA) ,
New Legislation ,
Non-Compete Agreements ,
Non-Exempt Employees ,
Regulatory Requirements ,
Restrictive Covenants ,
State Labor Laws
Whether you are a founder or a manager, growing a company from scratch is an exciting process. For most companies, this process will involve the hiring and management of employees at a rapid pace....more
4/24/2024
/ Civil Rights Act ,
Compliance ,
Emerging Growth Companies ,
Employee Handbooks ,
Employment Contract ,
Fair Labor Standards Act (FLSA) ,
Form I-9 ,
Hiring & Firing ,
Independent Contractors ,
Leave of Absence ,
Misclassification ,
Noncompliance ,
Reasonable Accommodation ,
Startups ,
Wage and Hour
In December 2020, Washington, D.C. enacted one of the country’s most sweeping non-compete bans to date. The original Ban on Non-Compete Agreements Amendment Act of 2020, which was signed into law by D.C. Mayor Muriel...more
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
We are pleased to present the 2021 Williams Mullen CLE Institute, a virtual legal education program aimed to educate and provide timely legal guidance, as well as to help you to secure your CLE credits.
Our 2021 programs...more
9/24/2021
/ Best Practices ,
Compliance ,
Continuing Legal Education ,
Corporate Counsel ,
Cybersecurity ,
Data Protection ,
Ethics ,
Government Investigations ,
Intellectual Property Protection ,
Labor Regulations ,
Popular ,
Trademarks ,
Webinars
On the latest episode of Williams Mullen's Benefits Companion, host Brydon DeWitt is joined by Amanda Weaver, an attorney with our firm’s Labor, Employment and Immigration Practice, who explains the United States Department...more
The United States Department of Labor (DOL) on Wednesday announced publication of its Final Rule addressing independent contractor misclassification under the federal Fair Labor Standards Act. The Final Rule (Rule) was...more
The U.S. Department of Labor’s Occupational Safety and Health Administration (OSHA) on April 13, 2020, announced an Interim Enforcement Response Plan (Plan) for the coronavirus pandemic. The Plan gives compliance officers...more
The U.S. Department of Labor’s Occupational Safety and Health Administration (OSHA) has issued a new poster listing steps all workplaces can take to reduce the risk of exposure to coronavirus. The new poster is available...more
On Wednesday, April 1, the U.S. Department of Labor (DOL) issued a temporary federal rule that provides additional guidance regarding how employers should implement the protections afforded under the Emergency Paid Sick Leave...more
As the federal agency charged with the responsibility for assuring safe and healthful conditions for American workers, it’s no surprise that OSHA has added its voice to the clamor over Coronavirus Disease 2019 (COVID-19). ...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 August 25, 2016, the Department of Defense (DoD), General Services Administration (GSA), and National Aeronautics and Space Administration (NASA) collectively issued a Final Rule amending the Federal Acquisition Regulation...more
On July 13, 2016, the Equal Employment Opportunity Commission (“EEOC”) announced its revised proposal to collect pay data through the Employer Information Report (EEO-1). The EEO-1 report is the joint information collection...more
7/19/2016
/ Comment Period ,
Data Collection ,
EEO-1 ,
Equal Employment Opportunity Commission (EEOC) ,
Equal Pay ,
OFCCP ,
OMB ,
Pay Discrimination ,
Proposed Regulation ,
Reporting Requirements ,
W-2 ,
Wage and Hour
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
With a series of significant new rules and opinions, the first three quarters of 2015 have proven to be very active for the National Labor Relations Board (the “Board”). Increasingly, the Board has sought to expand the rights...more
With a series of significant new rules and opinions, the first three quarters of 2015 have proven to be very active for the National Labor Relations Board (the “Board”). Increasingly, the Board has sought to expand the rights...more
9/22/2015
/ Ambush Election Rules ,
Confidential Information ,
Employee Handbooks ,
Employment Policies ,
Franchises ,
Joint Employers ,
NLRB ,
Proposed Legislation ,
Protected Concerted Activity ,
Staffing Agencies ,
Temporary Employees ,
Unions
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
During the last few years, the National Labor Relations Board (“NLRB”) has been aggressively reviewing employers’ confidentiality policies, as well as other work rules regarding, among other things, social media, use of the...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