Employment Law Updates

The Virginia General Assembly this session passed a law which has been signed by the Governor, requiring most state contractors to use the federal E-Verify program to check the immigration status of their employees. E-Verify is an Internet-based system that allows employers to check the eligibility of an employee to work in the United States. It combines databases of the Department of Homeland Security and the Social Security Administration.

As we begin the new year, you should be aware that the U.S. Department of Labor is giving increasing scrutiny to the administrative exemption to the overtime pay requirements of the Fair Labor Standards Act (FLSA). One of several “white collar” exemptions, the administrative exemption has several key elements, including requirements that the employee have a primary duty that is focused on the employer’s management or general business operations, and the exercise of discretion and independent judgment regarding matters of significance.

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Lynchburg, VA 24504 

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