Employment Law Updates

Effective January 1, 2020, Virginia law will require employers to provide employees with a paystub or online accounting on each regular pay date. Current Virginia law requires employers to provide employees with “a written statement of the gross wages earned by the employee during any pay period and the amount and purpose of any deductions therefrom,” and only upon request of the employee. Under the new law, a written statement in the form of a paystub or online accounting must show the following:

The U.S. Department of Labor (DOL) today issued its long-awaited final rule adjusting the salary level for exempt employees. The new rule will go into effect January 1, 2020 and raises the "standard salary level" from the currently enforced level of $455 to $684 per week (equivalent to $35,568 per year for a full-year worker).

For those employers covered by the Family and Medical Leave Act (50 employees within a 75 mile radius), be on the lookout for changes to the 7 optional-use FMLA forms published by the U.S. Department of Labor’s Wage and Hour Division. On August 5, the DOL published a notice announcing a 60-day public comment period on the proposed revisions.

The Family and Medical Leave Act (FMLA) applies to employers with 50 or more employees within a 75 mile radius.  Employees who have worked for a covered employer for at least 12 months and have at least 1,250 hours of service in the previous 12 months are eligible for up to 12 weeks of job-protected leave for certain medical-related reasons.  Many employers, however, incorrectly assume that once an employee has been out of work for 12 weeks of FMLA-covered leave, that employee may then automatically be terminated for excessive absenteeism if he/she misses additional time from work for a medical condition.

We have received several inquiries recently concerning whether an employer covered by the Family and Medical Leave Act is required to designate leave as FMLA leave if the leave is for an FMLA-qualified reason. A recent opinion letter from the U.S. Department of Labor (DOL) answers that question in the affirmative.

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