Employment Law Updates

The United States Department of Labor (DOL) enforces several laws and regulations that require notices to be posted in the workplace. The required posters are available in electronic copy through the DOL. Not all employers are covered by every law or regulation.

As an example, businesses with fewer than 50 employees are not required to post a notice about the Family and Medical Leave Act (FMLA). More information is available from the DOL about the most recent poster requirements at the Poster Advisor on their website.

Effective July 1, 2017, a new Virginia law requires employers and payroll service providers to notify the Office of the Attorney General “without unreasonable delay” after discovery of a breach of computerized employee payroll data that compromises the confidentiality of the data.

National origin discrimination is one of the forms of discrimination prohibited by the federal civil rights law known as Title VII. The Equal Employment Opportunity Commission has issued new guidance in a question-and-answer format about this type of discrimination. Here is an example of the types of issues addressed by the guidance:

A federal judge in Texas yesterday issued a nationwide preliminary injunction preventing the U.S. Department of Labor’s new overtime rule from going into effect as scheduled on December 1.

A judge in Fairfax County recently voided a noncompete agreement for a worker whom a company classified as an independent contractor. The worker had signed an agreement that labeled her as an independent contractor, and also included a 2-year noncompete provision. She subsequently left the company and went to work for a competitor. When her former company filed suit to enforce the noncompete agreement, the judge ruled that the entire agreement was void because it misclassified her as an independent contractor when she actually was an employee. The judge concluded that the misclassification violated public policy and thus rendered the entire agreement unenforceable.

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