Employment Law Updates

The new Virginia Values Act will go into effect July 1, 2020. This is groundbreaking legislation that, among other things, prohibits discrimination based on a person’s sexual orientation or gender identity. The law is far-reaching and governs discrimination in employment, public accommodations, housing, banking and education.  This blog will focus on the employment aspects of the new law.

This will be the first in our series about the new legislation resulting from the 2020 Virginia General Assembly session.

Many of your companies have already applied for and received the loans provided by the new Paycheck Protection Program which is part of the CARES Act.  A key incentive to receive these loans is the forgiveness feature.  Loans are forgiven when the proceeds are used for any of these costs:

The Department of Labor and IRS have issued temporary regulations concerning the supporting documentation required when employees request paid sick leave and emergency family and medical leave under the Families First Coronavirus Response Act (FFCRA). The DOL regulations provide that an employer may (but are not required to) require employees to follow reasonable notice procedures as soon as practical. That can be after the first workday or portion of a workday for which an employee receives paid sick leave in order to continue to receive such leave. The employee must provide a signed statement containing:

The Department of Labor has now issued guidance in the form of Q & A’s concerning the health care and small business exemptions from the paid leave provisions of the FFCRA. The guidance concerning health care is as follows:

56. Who is a “health care provider” who may be excluded by their employer from paid sick leave and/or expanded family and medical leave?
For the purposes of employees who may be exempted from paid sick leave or expanded family and medical leave by their employer under the FFCRA, a health care provider is anyone employed at any doctor’s office, hospital, health care center, clinic, post-secondary educational institution offering health care instruction, medical school, local health department or agency, nursing facility, retirement facility, nursing home, home health care provider, any facility that performs laboratory or medical testing, pharmacy, or any similar institution, employer, or entity. This includes any permanent or temporary institution, facility, location, or site where medical services are provided that are similar to such institutions.

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