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Jenna Mennona is an associate in the Labor and Employment Practice Group in the firm's Washington, D.C. office.

Beginning July 27, 2020, Virginia will become one of the first states to implement comprehensive, mandatory safety regulations for employees returning to work during and post-COVID.  In a press release last week, Governor Ralph Northam announced that the Virginia Safety and Health Codes Board had voted to adopt an emergency temporary standard, §16VAC25-220, which is designed to “control, prevent, and mitigate the spread of” COVID-19.
Continue Reading Safety Protocols in the Face of COVID: What New Virginia Safety Standards Require of Employers

On February 17, 2017, D.C. passed the Universal Paid Leave Amendment Act of 2016.  Beginning July 1, 2020, the law provides the following government-administered paid leave to D.C. employees:

  • Up to 8 weeks per year to bond with a new child.
  • Up to 6 weeks per year to care for a family member with a serious health condition.
  • Up to 2 weeks per year to care for the employee’s own serious health condition.

As the regulations continue to be finalized, several employer obligations have already started.  All D.C. employers should immediately ensure that they are in full compliance with this new law.
Continue Reading D.C. Paid Leave is Coming: Are you Ready?

After years of uncertainty, on September 24, 2019, the Department of Labor released a Final Rule making changes to the Fair Labor Standards Act (“FLSA”) overtime regulations.

BACKGROUND

Since 2004, there had been no significant changes in the overtime salary thresholds under the FLSA. In 2016, the Obama administration attempted to make significant increases to the salary thresholds. Those proposed changes came to a halt when a federal judge in the Eastern District of Texas, granted a preliminary injunction, and ultimately invalidated the rule. Now, several years later, the DOL’s Final Rule provides employers with much more certainty as to their obligations under the FLSA.
Continue Reading It’s Here: The DOL’s Final Overtime Rule has Been Released

Baltimore County has petitioned the Supreme Court to decide whether backpay for violations of the Age Discrimination in Employment Act (“ADEA”) is mandatory.

Background

In 1999, two Baltimore County Correctional Officers initiated charges at the Equal Employment Opportunity Commission (“EEOC”) claiming that they were being discriminated against based on their ages because they had to contribute more to the County’s pension plan than younger employees. After years of litigation and various appeals in the U.S. District Court of Maryland and the Fourth Circuit Court of Appeals, in April 2016, Baltimore County and the EEOC entered into a Joint Consent Order to equalize pension member contribution rates.
Continue Reading Mandatory Backpay in ADEA Claims: What Will SCOTUS Decide?

After 35 days of the government shutdown, one of the (many) issues currently facing companies who contract with government agencies affected by the shutdown is if, when, and how, they must pay their employees upon the reopening of the government.
Continue Reading Recovering After the Shutdown: Proposed Legislation to Guarantee Back Pay for Government Contractors

On June 19, 2018, District of Columbia residents voted to pass (by a 55.14% to 44.86% margin) Initiative 77, providing for a single minimum wage for all employees, including tipped workers.

The restaurant industry led the opposition to the Initiative noting that the additional labor costs of the minimum wage will need to be sourced by one of the following: (1) through job cuts; (2) by the employer’s overhead; or (3) by passing the costs to the consumer through an increase in the costs of goods and services, which can decrease business and/or decrease the likelihood of customers tipping.
Continue Reading Minimum Wage Inches Closer to Reality for Tipped Workers in the District of Columbia

On June 6, 2018, the National Labor Relations Board’s (“NLRB” or “Board”) General Counsel issued Memorandum GC 18-04 (“GC 18-04”), which provides guidance to employers on the legality of certain handbook rules following the Board’s decision in The Boeing Company, 365 NLRB No. 154 (Dec. 14, 2017).  By way of background, in 2004, the Board issued Lutheran Heritage Village-Livonia, 343 NLRB 646 (2004), which held that the mere maintenance of a neutral work rule violated Section 8(a)(1) of the National Labor Relations Act (“NLRA” or “Act”) if employees would “reasonably construe” the rule to prohibit protected concerted activity under Section 7 of the NLRA.  The Lutheran Heritage test gave no consideration to the employer’s stated justifications for implementing the rule, and produced arbitrary and oftentimes nonsensical Board decisions that appeared to hinge on what the then-Board majority believed an employee may think about a particular rule. In Boeing, the Board overruled the “reasonably construe” standard announced in Lutheran Heritage and issued a new test that balanced the impact a reasonably interpreted, facially neutral rule may have on employees’ Section 7 rights with the employer’s business justifications for the rule.  The Board noted that work rules will likely fall into three categories: Category 1 rules, which will include rules that the Board deems to be facially lawful; Category 2 rules, which will require individualized scrutiny to determine if the rules are lawful; and Category 3 rules, which will be rules designated by the Board as unlawful.  A more detailed discussion of the Boeing case is available here.
Continue Reading National Labor Relations Board’s General Counsel Releases Memorandum Providing Guidance On Handbook Rules After Its December 2017 Boeing Decision