Virginia News & Analysis

  • NJ expands family leave and temporary disability benefits during epidemic

    On April 14, Governor Phil Murphy signed S2374 into law, which further amends and clarifies the March 25 expansions to the New Jersey Family Leave Act (NJFLA) and the New Jersey Temporary Disability Benefits Law (TDL). It also creates new reasons an employee may use protected NJFLA leave during an epidemic. Specifically, during a state of emergency declared by the governor or when indicated by a public health authority, eligible employees may use family leave to care for a child because of a school or daycare closure, to care for a family member subject to mandatory quarantine, and to care for a family member whose doctor recommends voluntary self-quarantine. The new law also allows employees to use intermittent leave related to the epidemic and clarifies the type of certification an employer can ask an employee to provide to substantiate leave requests.

  • Reviewing Delaware's response to COVID-19-related unemployment

    In a matter of weeks, many aspects of our lives have changed in dramatic ways. With everyone collectively experiencing a seismic shift, we wanted to put together a guide for what to do with your new situation, from filing for unemployment for the first time, to learning how the government is dealing with record joblessness.

  • Are oral settlements worth the paper they are not written on?

    In an interesting case, the Maryland District Court dismissed an oral settlement on the grounds it was void under the Maryland Statute of Frauds provision. Let's take a closer look.

  • Virginia law targets worker misclassification

    Companies' misclassifying their employees as independent contractors continues to be a hot-button issue throughout the country, and Virginia is no exception. In the last year alone, legislation related to independent contractor misclassification was introduced at the federal level and in at least 20 states. California and New Jersey recently enacted employee misclassification laws, and other states, including New York, are considering similar legislation.

  • NJ DCR releases COVID-19 FAQs

    On March 19, 2020, the New Jersey Division on Civil Rights (DCR) released a guidance addressing frequently asked questions regarding the novel coronavirus (COVID-19). Specifically, the DCR focused on protections and obligations under the New Jersey Law Against Discrimination (NJLAD).

  • 'High' court ruling: Funeral director may sue over firing for off-duty medical marijuana use

    On March 10, 2020, the New Jersey Supreme Court affirmed a New Jersey Appellate Division ruling that allowed an employee to sue his employer under the New Jersey Law Against Discrimination (NJLAD) for failing to accommodate his off-duty use of medical marijuana to treat cancer. As we reported in May 2019, the Appellate Division reversed the dismissal of the employee's lawsuit, finding the New Jersey Compassionate Use Medical Marijuana Act's (NJCUMMA) mandate that employers need not accommodate medical marijuana users in the workplace doesn't foreclose an NJLAD action if an employee isn't seeking to use marijuana at work. The supreme court agreed with the appellate court that the NJLAD and the NJCUMMA can coexist, but it walked back the lower court's statement that the law wasn't intended to have any impact on employment rights.

  • Legal questions among the concerns surrounding COVID-19

    The novel coronavirus COVID-19 brings up a host of concerns for employers as you focus on keeping employees safe and business on track. Not to be forgotten are the laws that may be implicated as the situation develops.

  • COVID-19—practical and fast facts for employer planning

    As employers work on strategic plans for handling employment- related issues involving COVID-19such as facility closings, telecommuting, and employee leave/compensation issuesyou should keep in mind the following fast facts.

  • COVID-19 and OSH Act issues: 4 questions to consider

    The current coronavirus pandemic (also known as COVID-19) presents many complex situations for employers and their respective workforces. Although employers are trying to navigate the maze created by wage and hour issues, Family and Medical Leave Act (FMLA) and Americans with Disabilities Act (ADA) leave, remote workspaces, and childcare, they must also keep in mind their legal obligation to keep employees safe under the Occupational Safety and Health Act (OSH Act). Let's look at several important OSH Act questions.

  • NJ employers can't fire employees for time off in connection with COVID-19

    On March 20, 2020, New Jersey Governor Phil Murphy signed Assembly Bill No. A3848 prohibiting employers from terminating, demoting, or otherwise penalizing an employee for requesting or taking time off from work in connection with an infectious disease during the public health emergency and state of emergency declared in the governor's Executive Order 103.