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VA Business Law Bulletin

U.S. Department of Labor
Apr 5, 2022

DOL issues guidance on retaliation scenarios

The Fair Labor Standards Act and the Family and Medical Leave Act are robust laws. For some employers, it’s not always clear when employee activities are protected under these laws. The U.S. Department of Labor (DOL) recently released guidance to help employers understand what constitutes illegal retaliation. Fair Labor Standards Act (FLSA) In one sample […]

Apr 5, 2022

Employers may need to notify employees about tracking devices

Employers use vehicle tracking devices for a variety of reasons. Employee location data can help improve routing, safety, record keeping, and customer service. Emerging state laws, however, mean that a growing number of employers have to notify employees when tracking devices are in use. As of April, New Jersey becomes the latest state to establish […]

Mar 30, 2022

Four ways to prepare your business for the future of digital payments

Digital transformation continues to sweep the country — especially as more companies and their customers embrace digital payment technologies. Here are four areas where your business can embrace the future of digital payments both with consumers and other businesses — and in doing so, take steps to improve your cash flow, profitability and efficiencies in […]

Construction worker scaling wall
Mar 30, 2022

How employers can potentially avoid and handle OSHA citations

When faced with an OSHA citation, it is not uncommon for an employer to acknowledge that a rule was violated, accept the citation, pay the penalty, and move on. Often, evidence that a rule was violated is easily obtained by an OSHA inspector. For example, an inspector may arrive on a jobsite and, before even […]

Cubicles in office
Mar 30, 2022

Addressing hate symbols in the workplace

Hate symbols create a hostile work environment. Offensive imagery may include swastikas, confederate flags, 14/88 numerology, nooses, or other hostile slogans that target someone’s race or identity. Employees who are subjected to hate symbols in the workplace may have grounds for a discrimination claim. Employers who wish to create a safe workplace, free of harassment, […]

Mar 30, 2022

Retaliation case against Wayfair revived

Wayfair is expected to face trial on a former employee’s claim of retaliation, following a ruling issued by a federal appeals court in the case of Forsythe v. Wayfair. The employee claimed that Wayfair terminated her after she made allegations of sexual harassment. The plaintiff, Emily Forsythe, sued her former employer claiming sex harassment, sex […]

Businessman signing documents
Mar 22, 2022

Life is messy; why not plan for it?

There seems to be a false notion floating around that somehow, we’re going to get everything in order tomorrow. That tomorrow, when we wake up, it will be the perfect day, where we will have ample time for the planning and legal work needed to minimize risk in the future. We talk a good game, […]

Tax refund
Mar 22, 2022

Tax breaks future is uncertain

The Biden administration’s determination to curtail or eliminate some valuable tax breaks, along with expiration dates baked into some provisions, has business owners worried. The future of President Joe Biden’s proposals is still uncertain — and tax breaks have been known to get a second life. Still, if it makes economic sense taxpayers may want […]

Mar 22, 2022

Task force issues blueprint to strengthen labor unions

The White House Task Force on Worker Organizing and Empowerment issued a report last month outlining proposals for increasing union participation and strengthening the right to organize. The report detailed more than 60 recommendations for revising labor laws and regulations. The task force developed its recommendations around three primary goals: Positioning the federal government as […]

Americans with Disabilities Act (ADA)
Mar 22, 2022

Case reveals limits to ADA protections

The Americans with Disabilities Act (ADA) prohibits employers from discriminating against someone because of their disability. Under the ADA, an employer is expected to make reasonable accommodations that would allow the employee to perform the essential functions of a job. Expectations change, however, when an employer can show the employee’s disability poses a “direct threat” […]

Mar 15, 2022

Key issues to consider in commercial lease termination agreements

Like in any long-term relationship, by the time a landlord and tenant have decided to terminate a commercial lease, both parties are usually in a rush to go their separate ways. Regardless of why a landlord and tenant decide to terminate a lease before its natural end date, early termination raises many common business and […]

Mar 15, 2022

National COVID-19 Preparedness Plan: What companies need to know

With the announcement of President Joe Biden’s new National COVID-19 Preparedness Plan, employers may need to review their workplace policies and protocols. The stated goal of the plan is to “enable America to move forward safely” from the COVID-19 pandemic. The plan covers: Protecting against and treating COVID-19, Preparing for new variants, Preventing shutdowns, and […]

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