Becoming the first state in the Deep South to legalize marijuana has been easier for Virginia than figuring out how to regulate and allow for commercial pot sales in the Commonwealth. When Democrats controlled the...
Employment Law Letter
Virginia’s 2022 General Assembly session is well underway, and the impact on employers of last year’s election results, when the Republicans took over the executive branch and the House of Delegates, is beginning to take...
A jury should decide whether an employee’s substantial and repeated performance problems resulted in her termination or whether the employer retaliated against her for complaining about harassment, a federal district...
Employee handbooks should be reviewed at least once a year. The arrival of spring 2022 marks a good time to revisit the manuals with counsel and update your policies and practices. Read on to learn about a handful of...
The U.S. 10th Circuit Court of Appeals (which covers New Mexico employers) recently affirmed the denial of a preliminary injunction to prevent former KeyBank National Association employees from allegedly doing business...
Under General Counsel (GC) Jennifer Abruzzo’s leadership, the National Labor Relations Board (NLRB) is poised to dramatically expand the definition of “protected concerted activity” under Section 7 of the National Labor...
The Family and Medical Leave Act (FMLA) prohibits an employer from interfering with an employee’s right to take medical leave. When pursuing such a claim, an employee need not allege the employer intended to deny the...
Many employers are receiving invitations to register for the Office of Federal Contract Compliance Program’s (OFCCP) contractor portal. Before doing so, here is what you should know. Decide not to register? Audit may be...
More than 29 million U.S. households viewed the 2022 Super Bowl halftime show, which featured a lineup of ’90s hip-hop royalty, including Dr. Dre, Snoop Dogg, Mary J. Blige, Eminem, and 50 Cent. Soon after the show aired...
In the midst of the Great Resignation, you’d think employers would put forth the extra effort to accommodate employees (and comply with the law). Yet, as a recent settlement agreement demonstrated, that isn’t always the...
The Equal Employment Opportunity Commission (EEOC) recently released guidance regarding whether COVID-19 is a disability under the Americans with Disabilities Act (ADA). Under the ADA, an employer cannot take an adverse...
I often receive calls from employers that say they just met with an employee to talk about job performance, the session didn’t go well, and now the company has received a bizarre communication from the individual and...
Montana’s minimum wage increased on January 1, 2022, from $8.75 to $9.20 per hour. The $0.45 increase is the largest in 15 years. The new minimum wage applies to every Montana employer, except for farmers and ranchers...
Employees summoned to military service receive certain job protections under a federal law known as the Uniformed Services Employment and Reemployment Rights Act (USERRA). The law requires employers to provide employees...
As we have written many times, the general rule in Illinois is that either the employer or the employee may terminate an employment relationship at any time and for any reason. Starting in 1981, the state’s courts have...