- Written by: John E. Falcone
On September 9, President Biden announced proposals for more aggressive action against the spread of Covid-19. Those proposals consist of 3 primary measures: (1) an executive order mandating vaccines for all federal employees and contractors; (2) an order mandating vaccines for health care workers in settings that receive Medicare or Medicaid reimbursement; and (3) OSHA regulations requiring employers with at least 100 employees to require employees to be vaccinated.
- Written by: John E. Falcone
Under the American Rescue Plan Act (ARPA), a COBRA qualified beneficiary who becomes eligible for COBRA due to a reduction in hours or involuntary termination of employment may be eligible for a COBRA subsidy equal to the entire COBRA premium for the period from April 1, 2021 through September 30, 2021. That subsidy period is now nearing its end.
- Written by: John E. Falcone
Our last blog focused on Virginia’s new law requiring employers to make reasonable accommodations for employees with disabilities. The law requires employers to post in a conspicuous location and include in any employee handbook information concerning an employee's rights to reasonable accommodation for disabilities, and provide such information to (i) new employees upon commencement of their employment and (ii) any employee within 10 days of such employee's providing notice to the employer that such employee has a disability. We have received several inquiries about how to handle those requirements, as well as similar requirements of the 2020 law concerning pregnancy/childbirth protections.
- Written by: John E. Falcone
Effective July 1, 2021, Virginia has a new law requiring employers to make reasonable accommodations for employees with disabilities. This law applies to employers who “employ more than five employees for each working day in each of 20 or more calendar weeks in the current or preceding calendar year.” Its requirements are similar to the federal Americans with Disabilities Act, which applies to employers with 15 or more employees. A "person with a disability" means any person who has a physical or mental impairment that substantially limits one or more of their major life activities or who has a record of such impairment.
- Written by: John E. Falcone
Effective today, July 1, 2021, Virginia has some new laws concerning cannabis products that employers should note. Adults aged 21 and older may possess and use up to one ounce of cannabis in private residences. Adults may also grow up to four cannabis plants. These home-grown plants should be kept out of public view, away from people under 21, and labeled with ID tags. It will still be illegal to do any of the following:
- Written by: John E. Falcone
The federal Occupational Safety and Health Administration (OSHA) has issued its COVID-19 emergency temporary standard for the health care industry, with nonbinding guidance for other employers. According to OSHA, the standard aims to "protect health care and health care support service workers from occupational exposure to COVID-19 in settings where people with COVID-19 are reasonably expected to be present." Covered health care employers must develop and implement a COVID-19 plan to identify and control COVID-19 hazards in the workplace, and must also implement certain other measures to reduce workplace transmission of COVID-19, such as patient screening, increased cleaning and ensuring the use of personal protective equipment.
- Written by: John E. Falcone
We have received numerous inquiries about the effect of Governor Northam’s May 14 Order which eases many Covid restrictions. There is much confusion about this issue. The Governor’s May 14 EO 79, which takes effect at midnight on May 28, focuses primarily on relaxing the mask requirements. In addition, however, the order, states:
- Written by: John E. Falcone
In January, the U.S. Department of Labor (DOL) announced a final rule attempting to clarify the standard for classifying a worker as an independent contractor rather than employee under the Fair Labor Standards Act. That rule was promulgated under the previous presidential administration and was scheduled to go into effect in March. The rule focused on an “economic reality” test to determine whether the worker is economically dependent upon the employer for work or is actually in business for him/herself. The effect of the rule was to make it easier to classify a worker as an independent contractor rather than an employee.
- Written by: John E. Falcone
Under the new American Rescue Plan Act (ARPA), starting April 1, 2021 the federal government will pay 100 percent of COBRA insurance premiums for eligible employees who lost their jobs and for their covered relatives through September 2021, allowing them to stay on their company-sponsored health plan. Employers will obtain the subsidy through a payroll tax credit against employers' quarterly taxes and will be responsible for paying health insurance carriers for the premiums. Both fully insured and self-insured group health plans subject to federal COBRA are eligible for the credit against their Medicare FICA payroll taxes and must provide the COBRA premium subsidy to assistance eligible individuals (AEIs) who have elected COBRA coverage.
- Written by: John E. Falcone
The 2021 session of the Virginia General Assembly produced an additional flurry of employment-related laws. The following are some of the more significant laws for many employers:
- Written by: John E. Falcone
Effective May 1, the minimum wage in Virginia increases to $9.50 per hour. Although the federal proposal to raise the national minimum wage to $15.00 did not survive the recent Congressional deliberations, last year’s Virginia General Assembly enacted legislation raising the minimum wage in Virginia gradually over several years to $15.00 per hour. The first step is the increase to $9.50 per hour as of May 1, with the second step to $11.00 per hour effective January 1, 2022.