News & Publications

Requirements for employers and what employers should do now 

§ i6VAC25-220

By Samantha Stecker Otero

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On July 15, 2020, Virginia became the first state in the country to adopt an Emergency Standard for COVID-Related Workplace Safety, which applies to all employers in the Commonwealth.  In essence, the regulations require employers to analyze their worksites and the tasks that each employee performs, in order to effectively categorize the COVID-related risks inherent in those workplaces and/or tasks.

Once the categorization of risk is made, employers will then be required to abide by various requirements for each level of risk. The Emergency Standard is in effect, however the requirements regarding training and implementation of infectious disease plans (for employers in the “very high”, “high” and “medium” risk categories) will not become effective for 30-60 days. Additional guidance will be forthcoming from DOLI.

Virginia employers will need to comply with the Emergency Standard or potentially face

H.R. 6201

By Samantha Stecker Otero

Congress recently passed, and the President signed, the Families First Coronavirus Response Act (the “FFCRA”).  The FFCRA provides assistance to workers impacted by the COVID-19 pandemic.

There are two aspects of the FFCRA directly applicable to employers:

1. mandatory paid sick leave under the Emergency Paid Sick Leave Act (“Paid Sick Leave Act”) and,

2. expansion of medical leave under the Emergency Family Medical Leave Expansion Act (“Emergency FMLA”). 

The Paid Sick Leave Act and the Emergency FMLA become effective April 1, 2020 and last until December 31, 2020.

Employers and Employees Covered

The Emergency FMLA and Paid Sick Leave Act apply only to private employers with fewer

By: Samantha S. Otero, Business Law Practice Group

Employers need to keep in mind that, while tempting, mandatory post-accident drug/alcohol testing is no longer permitted.  Effective August, 2016, new OSHA reporting rules require employers to establish a reasonable procedure for employees to report workplace accidents and injuries – free from intimidation or retaliation.

By: Samantha S. Otero, Of Counsel, Business Law Practice Group

The new minimum salary level for exempt employees under the Fair Labor Standards Act (FLSA) will be $913 per week, or $47,476 per year, under final regulations that will be released on Wednesday, May 18, 2016, by the U.S. Department of Labor (DOL).