Kristina Vaquera on Employer Liability Issues

Contested Safety Citation Struck Down as OSHA Fails to Make Its Case

Inspectors from the Occupational Safety and Health Administration (OSHA) must be able prove that the employer should have been aware of hidden dangers to issue citations, the Occupational Safety and Health Review Commission...more

6/29/2023 / Citations , Employer Liability Issues , Health and Safety , Inspections , OSHA , OSHRC , Workplace Safety

Challenging OSHA Violations at Occupational Safety and Health Review Commission Is Worth the Effort

It is more important than ever that employers understand the serious long-term, non-monetary consequences of settling or accepting Occupational Safety and Health Administration (OSHA) citations. One danger of settling OSHA...more

5/30/2023 / Administrative Law Judge (ALJ) , Employer Liability Issues , OSHA , Workplace Hazards , Workplace Injury , Workplace Safety

Developments in Employee Screening for Real Estate Industry

The real estate industry, and the people employed in it, build and maintain communities driving domestic growth. Naturally, employers in the real estate world want to know their employees are reliable and trustworthy. ...more

8/10/2022 / Background Checks , Criminal Background Checks , Drug Testing , Employer Liability Issues , Equal Opportunities , Fair Chance Act , Fair Credit Reporting Act (FCRA) , Negligent Hiring , Real Estate Professionals , Screening Procedures

General Contractors Can Face Increased Liability For Employment Actions Of Their Subcontractors

While general or prime contractors have always faced the risk of liability for the actions or inactions of their subcontractors, an increase risk of state statutory liability for certain actions and inactions of...more

12/31/2020 / Employer Liability Issues , General Contractors , Subcontractors , Unpaid Wages , Wage and Hour

Virginia Passes Law Defining Racial Discrimination To Include Hairstyles, Other Historic Traits

Virginia has become the fourth state (joining California, New Jersey, and New York) to define racial discrimination to include traits historically associated with race, such as hairstyles. The new Virginia law will go into...more

3/6/2020 / Employer Liability Issues , Employment Discrimination , Employment Policies , Hairstyle Discrimination , Race Discrimination , State Labor Laws

Virginia Clarifies New Requirement For Wage Payment Statements Applies To All Employees

The Virginia Department of Labor and Industry (DOLI) has clarified that the requirement to provide employees with a detailed, written statement for each regular pay date applies to all employees, regardless of whether they...more

1/14/2020 / Department of Labor & Industry , Employer Liability Issues , State Labor Laws , Wage and Hour , Wage Statements

An Aging Construction Workforce: Recognition And Response

The number of workers aged 55 and over is increasing, while the number of workers under the age of 25 is decreasing, according to the 2018 Current Population Survey.The construction industry may feel this more acutely than...more

9/27/2019 / ADEA , Age Discrimination , Americans with Disabilities Act (ADA) , Employer Liability Issues , Hiring & Firing

Change To Virginia Wage Payment Statements On The Horizon

Beginning January 1, 2020, employers in Virginia must provide paystubs to employees on “each regular pay date.” Currently, Virginia employers must provide only a written statement reflecting the employee’s gross wages and...more

7/23/2019 / Employer Liability Issues , Payroll Records , State Labor Laws , Wage and Hour , Wage Statements

Virginia Employers Required To Provide Copies Of Employment Records Upon Written Request

On July 1, 2019, a new amendment to Virginia Code Section 8.01-413.1 will take effect. For the first time, all Virginia employers will be required to provide copies of employment records to employees upon written request....more

6/13/2019 / Document Requests , Employee Rights , Employer Liability Issues , Employment Records , Personnel Records , State Labor Laws

Insurance Agents Properly Classified As Independent Contractors, Circuit Court Rules

The Sixth Circuit ruled that agents were properly classified as independent contractors in an Employee Retirement Income Security Act (ERISA) class action brought on behalf of thousands of current and former insurance agents...more

2/26/2019 / Employee Benefits , Employee Retirement Income Security Act (ERISA) , Employer Liability Issues , Independent Contractors , Insurance Agents , Insurance Industry

Kristina Vaquera

Jackson Lewis P.C.

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