Virginia Employers Must Post Reasonable Accommodations Poster In Workplace

As of July 1, 2021, covered Virginia employers are required by the Virginia Office of Civil Rights to post the newly issued poster in a conspicuous location and provide a copy of the poster to any employee who discloses they have a disability, within ten (10) days of the employee's disclosure.  This information about reasonable accommodations must also be included in their employee handbooks.   A covered employer for purposes of this requirement...
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Montgomery Co. Employer Alert: Minimum Wage Increase Effective July 1

Bernadette Hunton
Bernadette Hunton
07/07/2021
On July 1, 2021, the following minimum wage increases took effect for Montgomery County, Maryland: EMPLOYER SIZE MINIMUM WAGE RATE Large Employer (51 or More Employees) $15 Mid-Sized Employer (11 to 50 Employees) $14 Small Employer (10 or Less Employees) $13.50 Employers doing business in Montgomery County that employ 1 or more employees in the County (not counting the business owners) are subject to the requirements of...
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Fourth Circuit Decision Protecting Transgender Student Rights Stands After Supreme Court Denies Review

On June 28, 2021, the Supreme Court denied the Gloucester County, Virginia School Board’s petition to review Gloucester Co. Sch'l Bd. v. Grimm, No. 20-1163.  The denial leaves a Fourth Circuit Court of Appeals’ s ruling intact, making it unlawful in this jurisdiction (South Carolina, Maryland, North Carolina, Virginia and West Virginia) to prohibit students from using  bathroom facilities that align with their gender identity....
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Reasonable Accommodation and the ADA’s Interactive Process

Kollman & Saucier
Kollman & Saucier
06/30/2021
A major component of the Americans with Disabilities Act (ADA) is the interactive process.  The law requires employers and employees to actively engage in this dialogue when exploring reasonable accommodations.  But there is no requirement that an employer agree to an employee’s preferred accommodation if there is another accommodation that is less expensive or easier to provide that will have the same effect.   As long as an...
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Bonus and Volunteer Work Counts Toward Overtime? Fourth Circuit says “No!”

Darrell VanDeusen
Darrell VanDeusen
06/28/2021
Overreaching has become an unfortunate consequence of life these days.  Here’s one example.   The Fourth Circuit recently affirmed dismissal of a lawsuit filed by a group of Lowe’s employees who alleged that bonus payments and volunteer time should count in the calculation of overtime due them.  McPhee v. Lowe’s Home Ctrs., 2021 U.S. App. LEXIS 18076 (4th Cir. June 17, 2021). You may recall way back in late 2017 there was a change in the...
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New Virginia Overtime Law Takes Effect July 1

Eric Paltell
Eric Paltell
06/21/2021
On July 1, 2021, Virginia’s new Overtime Wage Act will take effect.  Employers with employees  in Virginia need to review the way in which they calculate overtime for salaried non-exempt employees, as the new law makes it impermissible to use the FLSA’s “fixed salary for fluctuating workweek” methodology that allows employers to pay a half-time premium for overtime hours. The new law was signed by Governor Northam or March 30, 2021, and...
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Federal Judge Dismisses Employees’ Lawsuit Challenging Employer’s Mandatory Vaccination Policy

Vincent Jackson
Vincent Jackson
06/18/2021
In one of the first rulings of its kind, a federal judge upheld a company policy requiring that employees at a Texas hospital be vaccinated against COVID-19.  The lawsuit, brought by 117 employees against Houston Methodist Hospital, bore all the hallmarks of a frivolous case: dubious application of legal doctrines, conspiracy theories, and (of course) Nazi comparisons. It alleged claims for wrongful termination, violations of federal law governing...
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A Reminder of the Importance of the ADA’s Interactive Process

Kollman & Saucier
Kollman & Saucier
06/17/2021
The Americans with Disabilities Act (ADA) is clear:  it is crucial for employers to timely and thoroughly explore avenues of reasonable accommodation (that do not create an undue hardship) for employees with disabilities.  This is not a one and done thing; an employer needs to be fully engaged in the interactive process and keep a good record of what it has done to meet its obligations.  The failure to do so may result in an employee getting...
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Building Trust as We Return to the Workplace

Darrell VanDeusen
Darrell VanDeusen
06/15/2021
I am spending a lot of time these days counseling employers who are in the middle of having their employees return to the worksite.  One of the big issues (no surprise here) is whether employees have been vaccinated.  Do you request documentation?  Do you rely on someone’s statement that they cannot be vaccinated for medical reasons, or because they have a religious objection?  Do you punish those who chose not to vaccinate just because? For...
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Maryland’s Economic Stabilization Act (Mini-WARN Act) Changes Again

Jordan Dunham
Jordan Dunham
06/11/2021
As you may remember, Maryland made substantial changes to its mini-WARN Act, the Economic Stabilization Act, in 2020.  The major changes were outlined in our previous alert which can be found here.  The most substantial change in the 2020 Act was that it required covered employers to provide 60-days’ written notice prior to implementing a reduction in force or plant closing.  Previously, the notice procedures under the Maryland...
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