Dear Littler,
I’m in charge of organizing our holiday party this year. To keep things civil, we’re limiting alcohol and reminding employees that although our state has legalized the recreational use of marijuana, there...more
The 2023 Virginia legislative session closed last month with substantially less activity than we have seen in recent years, in light of the politically divided government in the Commonwealth. The following briefly describes...more
4/19/2023
/ Confidentiality Agreements ,
Employee Rights ,
Employees ,
Labor Reform ,
Minimum Wage ,
Non-Disclosure Agreement ,
Non-Disparagement Provisions ,
Sexual Harassment ,
State Labor Laws ,
Virginia ,
Wage and Hour
The Global Guide Quarterly (GGQ) is a newsletter Littler publishes on a quarterly basis to provide a general update on global labor and employment (L&E) law developments in key countries in the American, EMEA, and APAC...more
Amidst the flurry of activity taking place before the end of the 117th U.S. Congress, the House of Representatives quietly passed the Speak Out Act on November 16, 2022, by an overwhelming majority. The bill previously...more
12/13/2022
/ #MeToo ,
Anti-Harassment Policies ,
Biden Administration ,
Complaint Procedures ,
Employer Liability Issues ,
Employment Contract ,
Labor Reform ,
New Legislation ,
Non-Disclosure Agreement ,
Non-Disparagement Provisions ,
Sexual Assault ,
Sexual Harassment ,
Unenforceable Contract Terms
The District of Columbia prompted widespread outcry from the business community when it enacted one of the broadest bans on non-compete agreements in the country in early 2021. At least in part spurred by that outcry, this...more
On August 16, 2022, the U.S. Court of Appeals for the Fourth Circuit issued a landmark decision, Williams v. Kincaid, finding that the Americans with Disabilities Act (ADA) and the Rehabilitation Act protect individuals with...more
The latest wave of the COVID-19 pandemic has barely been contained, yet employers are now being hit with employee inquiries related to monkeypox. As this virus spreads, states and localities are declaring emergencies while...more
Nearly two years after enacting the first-in-the-nation permanent COVID-19 workplace safety and health standard, the Virginia Safety and Health Codes Board (the “Board”) has voted to rescind its COVID-19 standard. The...more
The last four to six weeks have been a whirlwind for private employers across the country. Federal vaccine mandates and regulations have been enacted, and then enjoined, and additional states have limited the ability of...more
12/10/2021
/ Biden Administration ,
Coronavirus/COVID-19 ,
Employer Liability Issues ,
Employer Mandates ,
Federal Contractors ,
Federal Employees ,
Healthcare Workers ,
Infectious Diseases ,
OSHA ,
Preliminary Injunctions ,
Vaccinations ,
Workplace Safety
On November 18, 2021, the Biden administration resurrected an executive order first issued by President Obama that the Trump administration had subsequently rescinded....more
Certain states are continuing to prohibit or severely curb the ability of private employers to mandate that employees be vaccinated against COVID-19. In just 10 days since our most recent update, several additional states...more
11/23/2021
/ Biden Administration ,
Centers for Medicare & Medicaid Services (CMS) ,
Constitutional Challenges ,
Coronavirus/COVID-19 ,
Employer Liability Issues ,
Employer Mandates ,
Essential Workers ,
Federal Contractors ,
Federal Employees ,
Healthcare Workers ,
Infectious Diseases ,
Multidistrict Litigation ,
OSHA ,
Popular ,
Preemption ,
Preliminary Injunctions ,
Vaccinations ,
Workplace Safety
As reported less than a week ago, some states are pushing back on government and private employer vaccine mandates through state legislation and lawsuits against the federal government. In just three business days since that...more
11/10/2021
/ Biden Administration ,
Coronavirus/COVID-19 ,
Employer Liability Issues ,
Employer Mandates ,
Essential Workers ,
Federal Contractors ,
Federal Employees ,
Health and Safety ,
Infectious Diseases ,
OSHA ,
Vaccinations ,
Virus Testing ,
Workplace Safety
Eight weeks after President Joseph R. Biden’s announcement, the federal Occupational Safety and Health Administration (OSHA) has issued an Emergency Temporary Standard (ETS) requiring all employers with at least 100 employees...more
11/5/2021
/ Biden Administration ,
Coronavirus/COVID-19 ,
Emergency Management Plans ,
Employer Liability Issues ,
Employer Mandates ,
Health and Safety ,
Healthcare Workers ,
Infectious Diseases ,
New Rules ,
OSHA ,
Public Health Emergency ,
Vaccinations ,
Virus Testing ,
Workplace Safety
As the world closes in on the two-year anniversary of the beginning of the COVID-19 pandemic, and in the face of stagnating rates of vaccination, governments and employers anxious to return to “normal” have been increasingly...more
11/5/2021
/ Biden Administration ,
Coronavirus/COVID-19 ,
Disability Discrimination ,
Emergency Management Plans ,
Employer Liability Issues ,
Employer Mandates ,
Essential Workers ,
Federal Contractors ,
Federal Employees ,
Health and Safety ,
Infectious Diseases ,
New Rules ,
OSHA ,
Public Health Emergency ,
Religious Exemption ,
Vaccinations ,
Workplace Safety
In recent weeks, the U.S. Department of Labor’s Occupational Safety and Health Administration (OSHA) has signaled efforts to increase its scrutiny of work activities that may expose workers to heat-related hazards. ...more
9/22/2021
/ Construction Site ,
Employer Liability Issues ,
Health and Safety ,
Heat Exposure ,
Labor Reform ,
NEP ,
OSHA ,
Regulatory Agenda ,
Regulatory Standards ,
Rulemaking Process ,
Workplace Hazards ,
Workplace Safety
On August 26, 2021, the Virginia Safety and Health Codes Board adopted revised amendments to the Final Permanent Standard for Infectious Disease Prevention of the SARS-CoV-2 Virus That Causes COVID-19 (the Final Permanent...more
On July 9, 2021, Washington’s Department of Labor & Industries filed an emergency rule to increase protection for employees exposed to extreme heat at work. This includes employees working in agriculture, construction, and...more
On July 9, 2021, Washington’s Department of Labor & Industries filed an emergency rule to increase protection for employees exposed to extreme heat at work. This includes employees working in agriculture, construction, and...more
On April 26, 2021, the Occupational Safety & Health Administration sent emergency workplace safety rules to prevent the spread of COVID-19 to the Office of Management and Budget for review....more
Given the current political trifecta (where democrats control both houses of the state legislature and the governorship), paid sick leave proponents had high hopes that Virginia would follow other states’ lead and pass...more
4/9/2021
/ Coronavirus/COVID-19 ,
Essential Workers ,
Healthcare Workers ,
Home Healthcare Workers ,
Infectious Diseases ,
New Legislation ,
Paid Sick Leave ,
Paid Time Off (PTO) ,
Popular ,
Sick Leave ,
State Labor Laws ,
Wage and Hour
On January 27, 2021, Virginia Governor Ralph Northam announced that he had approved a Final Permanent Standard (Permanent Standard) for preventing COVID-19 in the workplace, making Virginia the first state in the nation to...more
2/1/2021
/ Coronavirus/COVID-19 ,
Employer Liability Issues ,
Employer Responsibilities ,
Health and Safety ,
Infectious Diseases ,
Labor Reform ,
Masks ,
Personal Protective Equipment ,
Public Health ,
State and Local Government ,
State Labor Laws ,
Workplace Safety
Amidst the ongoing COVID-19 pandemic and other events in the nation’s capital, District of Columbia Mayor Muriel Bowser signed the Ban on Non-Compete Agreements Amendment Act of 2020 on January 11, 2021. The bill previously...more
In the face of rising numbers of COVID-19 cases, on December 10, 2020, Virginia Governor Ralph Northam issued Executive Order (EO) 72, imposing new restrictions on individuals and businesses in the Commonwealth effective...more
Since the beginning of April, the U.S. Centers for Disease Control and Prevention (CDC) has recommended that, when in public settings, individuals wear cloth face masks to help prevent the transmission of COVID-19....more
On July 15, 2020, Virginia became the first state in the nation to implement an emergency temporary standard (“ETS”) to address the COVID-19 pandemic. The ETS covers every employer in the Commonwealth and includes mandatory...more