The COVID-19 pandemic has brought unprecedented changes to all facets of our lives, especially our work. Employers have faced incredible challenges of rushed remote work arrangements, meeting new workplace safety...
Employment Law Letter
Undoubtedly, the Worker Adjustment and Retraining Notification Act (WARN Act) has popped up on your radar during these times of economic uncertainty arising out of the COVID-19 pandemic. Any number of articles, posts...
Q We received a wage garnishment notice for an employee who has been laid off temporarily, but the documents don’t look legitimate. What do we look for to confirm if this is a legitimate wage garnishment we need to...
As new unemployment claims rise, impostors seek to scam the unemployment system at the expense of the state, employees, and employers. Here’s how to respond to—and lower the risk of—fraudulent unemployment claims. Spike...
As we predicted in the January issue of Virginia Employment Law Letter, the Virginia General Assembly has increased the state’s minimum wage for the first time in 10 years and established a mechanism to raise it again in...
In previous issues of Mid-Atlantic Employment Law Letter, we’ve highlighted the Virginia legislature’s historic expansion of worker protections during the 2020 legislative session. Most notably, the legislature passed...
Virginia has always allowed you to impose reasonable restrictions on your employees’ ability to compete after the termination of the employment relationship. While this right was not unfettered, you could take steps to...
As states reopen their economies and allow employees to return to their physical offices, employers need to consider a multitude of issues, including how to comply with employment laws in an entirely new environment. In...
The Trump administration continues to try to cut back on legal immigration in whatever ways it can do so unilaterally through regulation, executive order, or proclamation without legislation requiring congressional...
In an opinion issued in May 2020, the Tennessee Court of Appeals provided guidance regarding the application of the common interest privilege and its impact on defamation and invasion of privacy claims within the...
In a recent case involving multiple issues—Title VII of the Civil Rights Act of 1964, constructive discharge, and state law claims among them—the U.S. 4th Circuit Court of Appeals (which covers South Carolina employers)...
Q Can HR maintain confidential internal documents within an employee’s record that she cannot access? A This depends upon the applicable state's laws, but in Rhode Island, the answer is yes. Rhode Island statute R.I. Gen...
Judge William Smith of the U.S. District Court for the District of Rhode Island recently entered a decision granting parts, but not all, of an employer’s request for dismissal. The court allowed the former employee’s...
Q We laid off workers because of a slowdown, but now business is picking up. How long after a layoff should we wait before hiring again? A There’s no precise rule for when you can begin to hire to replace laid off...
A recent Arkansas Court of Appeals case serves as a cautionary tale regarding the due process rights of public employees and the need to follow your own rules very carefully. Private employers should learn from the...