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VA Business Law Bulletin

Breast pump on table
Jun 21, 2023

DOL issues guidance on PUMP Act

Breastfeeding employees have the right to pump milk at work, as protected by the Fair Labor Standards Act (FLSA). An FLSA amendment in 2010 was the first to include break time and space requirements for pumping. On December 29, 2022, the PUMP Act (Providing Urgent Maternal Protections for Nursing Mothers) was signed into law, further […]

U.S. Supreme Court
Jun 21, 2023

Supreme Court rejects effort to narrow scope of False Claims Act liability

The U.S. Supreme Court recently issued a unanimous decision in United States ex rel. Schutte v. SuperValu Inc., rejecting efforts to redefine the knowledge prong of the False Claims Act to disregard a defendant’s subjective knowledge or belief. The decision will have far-reaching impacts for companies dealing with ambiguous regulatory regimes or government contract provisions. […]

Remote workers on virtual meeting
Jun 13, 2023

Remote work and choice of law: Discrimination claim survives dismissal

A new court case offers a reminder to employers that it may not be so easy to get out from under employee-friendly provisions, even if their employees are far from the state in question. In Wilson v. Recorded Future, Inc., et al., the defendants sought dismissal of the plaintiff’s claims under the Fair Employment Practices […]

401k contribution summary
Jun 13, 2023

Excluding interns from your 401(k) plan

As the summer intern season begins, many employers are wondering: Do I have to offer our 401(k) plan to these temporary employees? Generally, the answer is no — as long as you set your policy up appropriately. An employee must be allowed to participate in the employer’s 401(k) plan if they’re over 21 and have […]

Artificial intelligence
Jun 13, 2023

How algorithms may perpetuate discrimination

It is no secret that artificial intelligence (AI) is transforming the workplace. From streamlining hiring processes to increasing productivity, AI has the potential to make our work lives easier and more efficient. But as with any new technology, AI comes with its fair share of risks. Federal agencies are taking notice. The Equal Employment Opportunity […]

Reaching business agreement
Jun 6, 2023

Arbitration agreement found void

An employer’s arbitration agreement was unenforceable because of unconscionable terms in a confidentiality agreement that was executed simultaneously during employee onboarding, the California Court of Appeal has decided. In effect, one bad agreement invalidated them all. In the case of Alberto v. Cambrian Homecare, the court reasoned that the employer’s arbitration agreement and the confident[...]

4th of July fireworks display
Jun 6, 2023

DOL issues FMLA holiday guidance

In May, the Department of Labor issued an opinion letter, clarifying guidance around managing holiday hours with an employee’s Family and Medical Leave Act (FMLA) entitlement. The letter serves to reinforce established interpretations, namely: When a holiday falls during a week in which the employee is taking a full week of FMLA leave, the entire […]

Coins spilling out of piggy bank
Jun 6, 2023

Artificial intelligence and wealth management: are they compatible?

There is nary an industry where artificial intelligence (AI) is not a matter of conversation recently, wealth management included. “It’s a topic that’s everywhere and is affecting every industry,” said Dana Vosburgh, a certified financial planner and managing director of advisory services at Manning & Napier, Inc. “It’s so new and it’s happening so fast.” […]

Truck on highway
May 30, 2023

Distributors can’t be forced to arbitrate misclassification claims

A federal appeals court has ruled that employee misclassification claims brought by “distributors” who delivered goods from a bakery company to their retailers were not subject to mandatory arbitration. Defendant Flowers Foods, Inc., which owns subsidiary bakeries in multiple states, originally hired plaintiffs Margarito Canales and Benjamin Bardzik as temporary employees to deliver its wares [...]

Artificial intelligence
May 30, 2023

EEOC releases assistance document on AI and Title VII

With a focus on preventing discrimination against job seekers and workers, the EEOC has issued a technical assistance document entitled, “Assessing Adverse Impact in Software, Algorithms, and Artificial Intelligence Used in Employment Selection Procedures Under Title VII of the Civil Rights Act of 1964.” The document discusses the application of key provisions of Title VII […]

Job applicants waiting to be interviewed
May 30, 2023

Employers rethinking approaches to sourcing non-traditional job candidates

I recently referred an acquaintance to senior leadership for a job on our team. I thought he’d be a good fit, despite the fact that his experience was not exactly on point. I knew him to have good analytical skills and good project management experience. But my bosses rejected him immediately because his experience was […]

Businessmen in masks bumping elbows
May 23, 2023

EEOC updates COVID-19 guidance

In the wake of the federal announcement that the COVID-19 public health emergency is over, the EEOC has issued updates to its COVID-19 technical assistance. The guidance is entitled, “What You Should Know About COVID-19 and the ADA, the Rehabilitation Act, and Other EEO Laws.” It includes a new question and answer about the declaration […]

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