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VA Business Law Bulletin

National Labor Relations Board
Sep 5, 2023

NLRB ruling creates new framework for union representation proceedings

The National Labor Relations Board has announced a new framework for determining when employers are required to bargain with unions without a representation election.

Generative AI concept
Sep 5, 2023

Beyond automation: the quest for ethical AI in human resources

In the legal sphere, being the first among companies often translates to bearing the brunt of significant lawsuits in uncharted legal territories.

Login screen
Sep 5, 2023

Protecting you and your business from financial predators

These days there is no shortage of scam calls, phishing e-mails, and bad actors trying to steal what’s yours. They’ve managed to creep into every corner of our business and personal lives – our computers, our phones, our front porches, and our inboxes. So, how do you protect your business from these financial predators? To […]

Pregnant employee
Aug 29, 2023

EEOC proposes broad Pregnant Worker Act rule

A newly proposed rule to implement the federal Pregnant Workers Fairness Act seems to paint the employee’s right to a reasonable accommodation with a broad brush while maintaining a firm standard for the employer’s burden of showing that a particular request would constitute an undue hardship. The U.S. Equal Employment Opportunity Commission announced the proposed rule […]

U.S. Supreme Court
Aug 29, 2023

In wake of court decision, review religious accommodation policies

The recent U.S. Supreme Court ruling in Groff v. DeJoy significantly heightens the standard for determining whether a religious accommodation causes “undue hardship on the conduct of the employer’s business.” Employers should take note of the change and modify policies accordingly. Religious accommodations and undue hardship The obligation to provide religious accommodation comes from Title [...]

Sen. Tom Cotton
Aug 29, 2023

U.S. senator issues DEI warning to law firms

Fifty-one law firms across the country have been targeted by a U.S. senator’s warning that race-based hiring programs pose a greater risk of violating federal civil rights laws in the wake of the U.S. Supreme Court’s recent decision in the Harvard affirmative action case. “Federal law has long prohibited treating employees differently because of their […]

Empty office
Aug 22, 2023

EEOC updates guidance on visual disabilities

The Equal Employment Opportunity Commission (EEOC) recently issued new guidance on how the Americans with Disabilities Act (ADA) applies to job applicants and employees with vision impairments.

Construction worker scaling wall
Aug 22, 2023

OSHA requires more data from high-hazard employers

The U.S. Department of Labor has announced a final rule that will require certain employers in high-hazard industries to submit more injury and illness information to the Occupational Safety and Health Administration (OSHA).

Generative AI concept
Aug 22, 2023

Why AI developers are being sued

Plaintiffs are filing suits against AI developers at a quick pace, arguing that AI really creates nothing new but merely reads and copies billions of other peoples’ protected works from the internet. Using these works, and in reaction to a user’s commands, AI combines elements of existing works into something else, whether art or prose. […]

Employee handbook
Aug 15, 2023

NLRB decision should trigger handbook review

The National Labor Relations Board reversed a stance that allowed employers to maintain certain employee policies, such as prohibitions against public criticism or conflicts of interest.

Moakley U.S. Courthouse, Boston
Aug 15, 2023

Fee award upheld over deleted texts

A defendant who violated the non-competition and non-solicitation obligations in his employment contract could be ordered to pay his former employer more than $100,000 in counsel fees as a sanction for failing to preserve relevant text messages, a federal appeals court has decided.

U.S. Supreme Court building
Aug 8, 2023

Supreme Court ‘wedding website’ decision could have employment implications

The recent U.S. Supreme Court decision in 303 Creative LLC v. Elenis dealt with the creation of wedding websites, not employment issues. But employers are wondering if the case could impact their anti-discrimination policies and employment actions. Case background In 303 Creative, graphic designer Lorie Smith brought suit against the state of Colorado. Smith was […]

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