On August 25, 2023, the National Labor Relations Board (Board), upended almost 50 years of precedent by deciding in Cemex Construction Materials Pacific, LLC (Cemex) that an employer who commits an Unfair Labor Practice (ULP)...more
For the third time in a decade the National Labor Relations Board (“NLRB” or “Board”) has again changed the procedural rules that affect the processing of union election petitions and the length of time between the filing of...more
In a case of déjà vu all over again, on August 2, 2023, the National Labor Relations Board (Board) returned to the Obama era ruling that facially neutral work rules may be per se violative of Section 7 of the National Labor...more
On May 30, 2023, Jennifer Abruzzo, the General Counsel of the National Labor Relations Board (Board), issued a guidance memo (the “Memo”) stating that non-compete agreements or similar restrictive covenants in settlement...more
On April 20, 2023, the National Labor Relations Board (Board) committed itself to imposing more remedies more often when dealing with parties “who have shown a proclivity to violate the National Labor Relations Act (NLRA) or...more
The National Labor Relations Board (Board), in a bold move on February 21, 2023, decided that employers commit an unfair labor practice act (ULP) under the National Labor Relations Act (NLRA) when they merely offer severance...more
...join us for Ideas for Businesses to Navigate Economic Uncertainty, a webinar comprised of brief - only 15 minutes each! - presentations tailored to meet the needs of senior executives and leaders of in-house legal...more
10/11/2022
/ Business Litigation ,
Capital Raising ,
Economic Downturn ,
Employee Incentive Plans ,
Employee Retention ,
Equity ,
Financial Distress ,
Hiring & Firing ,
Hiring Freeze ,
Human Resources Professionals ,
Intellectual Property Protection ,
Investors ,
Involuntary Reduction in Force ,
Layoffs ,
Risk Mitigation ,
Tax Planning ,
Third-Party Risk ,
Trademark Application ,
Trademarks ,
Union Organizers ,
Unions ,
Webinars
On March 21, 2022, the Virginia Department of Labor and Industry’s Safety and Health Codes Board (DOLI) held a public hearing to vote on whether to revoke the Department’s Permanent COVID-19 Regulation (Standard)...more
As we reported in September 2021, Virginia DOLI Issues New COVID-19 Rules for Employers, Virginia is one of the only states in the country that has workplace COVID-19 health and safety rules, including, most notably, rules...more
On Friday, December 17, 2021, the U.S. Court of Appeals for the Sixth Circuit lifted the stay on implementation and enforcement of the OSHA Emergency Temporary Standard (ETS) that was previously issued by the Court of Appeals...more
As Williams Mullen has previously reported here throughout the COVID-19 pandemic, the Equal Employment Opportunity Commission (EEOC) has been active in providing guidance to covered employers through its publication, “What...more
On this episode of Williams Mullen's Benefits Companion, host Brydon DeWitt is joined by David Burton, a partner with the firm’s Labor, Employment and Immigration section who shares some answers to frequently asked questions...more
On November 4, 2021, the Occupational Safety and Health Administration (OSHA) released its Emergency Temporary Standard (ETS) applicable to all private employers in the United States with 100 or more employees. ...more
11/9/2021
/ Biden Administration ,
Constitutional Challenges ,
Coronavirus/COVID-19 ,
Covered Employer ,
Employer Mandates ,
Employment Policies ,
Executive Orders ,
Masks ,
OSHA ,
Penalties ,
Recordkeeping Requirements ,
Reporting Requirements ,
Stays ,
Temporary Regulations ,
Vaccinations ,
Virus Testing ,
Workplace Safety
In the inaugural episode of Williams Mullen Manufacturing Edge, a video series addressing key topics affecting manufacturers, Labor, Employment & Immigration (LEI) attorneys David Burton and Scott Terrell provide updates on...more
9/28/2021
/ Coronavirus/COVID-19 ,
Decriminalization of Marijuana ,
Drug Testing ,
Employer Liability Issues ,
Employment Discrimination ,
Federal v State Law Application ,
Hiring & Firing ,
Independent Contractors ,
Manufacturer Liability ,
Manufacturers ,
Marijuana ,
Medical Marijuana ,
Misclassification ,
Non-Compete Agreements ,
Reasonable Accommodation ,
Recreational Use ,
Wage and Hour ,
Workplace Safety
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
Virginia was one of the only states in the country that issued workplace health and safety regulations related to COVID-19. Indeed, as we reported back in June 2020, Virginia’s Department of Labor and Industry (DOLI) issued...more
9/16/2021
/ Centers for Disease Control and Prevention (CDC) ,
Coronavirus/COVID-19 ,
Department of Labor & Industry ,
Employer Mandates ,
Equal Employment Opportunity Commission (EEOC) ,
Governor Northam ,
Health and Safety ,
Infectious Diseases ,
Masks ,
New Rules ,
Public Health Emergency ,
Re-Opening Guidelines ,
Social Distancing ,
State and Local Government ,
Vaccinations ,
Workplace Safety
Ready or not, Virginia – on July 1, 2021, marijuana becomes fully legal for adults to use and possess in-state. Virginia is now the 16th state to legalize cannabis for recreational purposes....more
Join us for a discussion of the following hot topics:
- Anticipated push at the federal and state level for expanded civil rights laws, including gender identity and sexual orientation and the enforcement of the new...more
4/2/2021
/ Anti-Discrimination Policies ,
Coronavirus/COVID-19 ,
Employer Liability Issues ,
Employment Policies ,
Enforcement ,
Federal Labor Laws ,
Gender Identity ,
Independent Contractors ,
Infectious Diseases ,
Labor Regulations ,
Misclassification ,
Pregnancy Discrimination ,
Reasonable Accommodation ,
Risk Mitigation ,
Sexual Orientation ,
Sexual Orientation Discrimination ,
State Labor Laws ,
Vaccinations ,
Webinars
Virginia Developments -
Readers will no doubt recall that, during the week of July 27, 2020, the Virginia Department of Labor and Industry adopted an Emergency Temporary Standard concerning COVID-19 and how employers were...more
In this strange new world, employers must navigate how to bring employees back safely to the office and keep them healthy once they are there. This program will cover best practices including complying with OSHA as well as...more
9/17/2020
/ Anti-Retaliation Provisions ,
Best Practices ,
Continuing Legal Education ,
Coronavirus/COVID-19 ,
Department of Labor & Industry ,
Employer Liability Issues ,
Employment Litigation ,
Flexible Work Arrangements ,
Health and Safety ,
High Risk Covid Employees ,
Infectious Diseases ,
New Regulations ,
New Rules ,
OSHA ,
Policies and Procedures ,
Re-Opening Guidelines ,
Risk Management ,
Risk Mitigation ,
Social Distancing ,
State Labor Laws ,
Webinars ,
Workers' Compensation Claim ,
Workplace Safety
On the latest episode of Williams Mullen's Benefits Companion, host Brydon DeWitt is joined by David Burton, partner with Williams Mullen’s Labor, Employment and Immigration Section, to discuss some very important changes to...more
Join us for an overview of critical components of training programs for all Virginia employers that must be completed by September 25, 2020.
Presented by the Hampton Roads Alliance and Williams Mullen -
Topics...more
Labor, Employment & Immigration Partner David C. Burton summarizes key components of the Virginia Department of Labor and Industry’s Emergency Temporary Standard governing employers’ obligations to employees that became...more
7/29/2020
/ Anti-Retaliation Provisions ,
Coronavirus/COVID-19 ,
Department of Labor & Industry ,
Employer Liability Issues ,
Employer Responsibilities ,
Employment Policies ,
Health and Safety ,
High Risk Covid Employees ,
Labor Regulations ,
Policies and Procedures ,
Return-to-Work Agreements ,
Risk Mitigation ,
State Labor Laws ,
Workplace Safety
After a month of meetings, and substantial comments from the business sector, which opined that Virginia Department of Labor & Industry (VDOLI) had gone too far, and from workers’ advocates, who believe that it did not go far...more
Labor & Employment partner David Burton outlines key questions that employers should ask themselves prior to conducting a reduction in force, including:
“Will my decision have a disparate impact on various protected...more
7/20/2020
/ Coronavirus/COVID-19 ,
Disparate Impact ,
Employer Liability Issues ,
Families First Coronavirus Response Act (FFCRA) ,
Hiring & Firing ,
Involuntary Reduction in Force ,
Loan Forgiveness ,
Paycheck Protection Program (PPP) ,
Protected Class ,
Return-to-Work Agreements ,
Risk Mitigation ,
WARN Act