Effective July 1, new legislation will take effect in Virginia imposing further restrictions on the use of covenants not to compete and prohibiting their use for employees who are eligible to receive overtime pay under the...more
5/13/2025
/ Compensation & Benefits ,
Employee Rights ,
Employer Responsibilities ,
Employment Contract ,
Exempt-Employees ,
Fair Labor Standards Act (FLSA) ,
New Legislation ,
Non-Compete Agreements ,
Non-Exempt Employees ,
Over-Time ,
State Labor Laws ,
Virginia ,
Wage and Hour
On October 17, the U.S. Senate Judiciary Committee heard testimony from witnesses about the need for reform in college athletics, including the possibility of establishing a national standard for regulating Name, Image, and...more
10/26/2023
/ College Athletes ,
Colleges ,
Employee Definition ,
Fair Labor Standards Act (FLSA) ,
Federal Labor Laws ,
Name and Likeness ,
NCAA ,
Scholarships ,
Senate Judiciary Committee ,
State Labor Laws ,
Student Athletes ,
Universities
Q: Can Fourth Circuit plaintiffs be granted “surcharge” as a remedy for breach of fiduciary duty under ERISA?...more
Q: Are student athletes considered employees under the Fair Labor Standards Act (FLSA)? ...more
As employers may already be aware, the General Assembly of Virginia enacted two statutes mandating accommodations that became effective July 1. One statute, Virginia Code Section 2.2-3909, requires employers to offer...more
The new Standard eliminates the prior tiered “risk classification” system, which graded employees’ risk levels from “lower” to “very high” risk. Instead, the revised Standard focuses on protecting unvaccinated, not fully...more
Q: Do Trump-era FLSA regulations governing independent contractor classification and joint employer status (still) apply? ...more
On March 31, Governor Northam drastically changed the landscape of Virginia overtime laws and expanded the rights of employees by signing the Virginia Overtime Wage Act (VOWA) into law. Effective July 1, the VOWA will...more
In the recent decision Rutledge v. Pharmaceutical Care Management Association, the Supreme Court unanimously affirmed the power of state governments to regulate Prescription Benefit Managers (PBMs) without triggering federal...more
Q: Are outside sales employees considered exempt under the outside sales exemption (OSE) if they work from a home office during the pandemic? ...more
Who Needs to Know -
All employers attempting to recall or hire employees currently receiving unemployment insurance benefits who may be eligible for extended benefits, and employers who may conduct future furloughs, layoffs,...more
Who Needs to Know -
Employers who are reopening (or have already reopened) by bringing employees back to their workplaces.
Why It Matters -
Bringing a workforce back to the workplace, whether from teleworking,...more
9/25/2020
/ Coronavirus/COVID-19 ,
Cost-Savings ,
Employer Liability Issues ,
Employer Responsibilities ,
Families First Coronavirus Response Act (FFCRA) ,
Family and Medical Leave Act (FMLA) ,
Furloughs ,
Hiring & Firing ,
Infectious Diseases ,
Paid Sick Leave ,
Re-Opening Guidelines ,
Remote Working ,
Return-to-Work Agreements ,
Wage and Hour ,
Workplace Safety
On August 12, 2020, Troutman Pepper published an advisory summarizing the workplace requirements of Virginia’s new COVID-19 Emergency Temporary Standards (ETS) for infectious disease prevention. While most of the ETS is...more
On July 27, 2020, the Virginia Department of Labor and Industry (DOLI) adopted a first-of-its-kind statewide regulation mandating all employers adopt varying levels of safeguards to combat the COVID-19 pandemic. In this...more
Q. Have there been any changes to the CDC Guidance on testing?
A. Until late July, the CDC offered a test-based or symptom-based strategy to govern the timing of “discontinuing isolation” for a person known or suspected to...more