Blog: Opinions & Observations
Is Your DEI Strategy 2025 Compliant? What HR Professionals Need to Know Right Now
April 16, 2025
If you’ve been feeling overwhelmed by the recent whirlwind of changes around Diversity, Equity, and Inclusion (DEI), you’re not alone. With the Trump administration’s executive order rolling back federal DEI initiatives and a surge of legal scrutiny hitting private-sector programs, HR leaders are navigating uncharted waters filled with compliance challenges.So, what’s changed—and more importantly, how should you respond?First, a Quick RecapIn January,...
Read MoreNavigating an EEOC Charge: A Practical Guide for Businesses
April 08, 2025
Let’s face it—receiving a notice from the Equal Employment Opportunity Commission (EEOC) about a discrimination charge can feel like opening Pandora’s box. For many business owners, it’s not just unsettling; it’s downright stressful. But here’s the good news: with the right approach, you can navigate this process effectively and protect your business. Let us walk you through what happens during an EEOC investigation and how to respond in a way that...
Read MoreSupreme Court Simplifies Employer Obligations for FLSA Exemption Compliance
January 17, 2025
Supreme Court Gives Employers a Win by Overturning the Fourth CircuitThe U.S. Supreme Court recently clarified the standard of proof employers must meet to establish that workers are exempt from the Fair Labor Standards Act (“FLSA”) overtime requirements. In doing so, it overturned a decision by Fourth Circuit Court of Appeals, which covers Virginia, that required employers to meet a “clear and convincing” standard when justifying classification of an...
Read MoreThe Future of Non-Compete Agreements: FTC's Final Rule and Its Implications
August 06, 2024
In May, the Federal Trade Commission (“FTC”) published a controversial Non-Compete Clause Final Rule (the “Final Rule”) that impacts almost all non-compete agreements between companies and their employees and contractors – including those already in existence. That Final Rule is scheduled to go into effect on September 4, 2024 (the “Effective Date”).FTC Outlaws Most Non-compete Agreements Effective September 4, 2024.So-called “non-compete agreements”...
Read MoreEEOC Issues Rule Affecting How Employers Must Treat Pregnant Workers
June 10, 2024
Last year, Congress passed the Pregnant Workers Fairness Act (“PWFA”), which requires employers in the private sector with 15 or more employees to provide reasonable accommodations for known limitations related to, affected by, or arising out of pregnancy, childbirth, or “related medical conditions,” unless such accommodations will cause an undue hardship on the employer’s operations. While other laws prohibit discrimination based on pregnancy, the PWFA...
Read MoreNovember 08, 2023
In June 2023, the United States Supreme Court released an opinion in Groff v. DeJoy that affects all employers who are faced with accommodating their employees’ religious practices and beliefs.Title VII of the Civil Rights Act of 1964 prohibits employers from discriminating against employees and applicants based on their religion. The law requires employers to reasonably accommodate an employee’s religious beliefs and practices, unless doing so would...
Read MoreJune 26, 2023
The Virginia Senate and House of Delegates met in January for a short session (45 days instead of 60 days) then again in April for a special session. Currently, the Senate is controlled by Democrats, the House is controlled by Republicans, and Republicans hold the Governor’s office. With the sharing of power between the parties, any proposed bill this year required bi-partisan approval to be passed into law. This is a summary of some of the new laws....
Read MoreNew Laws in Virginia Effective July 1, 2022 and Highlights of Other Proposed Bills
June 30, 2022
Unlike last year when one party controlled the Senate, House and Governorship, bi-partisan agreement was required for any bill to be passed into law this year. Virginia has over 700 new laws. 841 bills were sent to the Governor. The ones not approved by the Governor were either vetoed or sent back for more study. Most new laws take effect on July 1, 2022.This summary offers a highlight of some of the new laws and a brief list of bills that were proposed...
Read MoreDecember 27, 2021
If you have watched any college sports during the 2021-2022 season, then you probably have heard the term “Name, Image, Likeness” (“NIL”) on repeat. But what is all the hype around NIL in college sports and why now?Before the 2021-2022 season, college athletes could get severely punished for receiving compensation in connection with use of their NIL. For example, college athletes could have an award revoked, program wins could be vacated, or the athlete...
Read MoreNew Laws in Virginia Effective July 1, 2021
June 29, 2021
Here’s a brief summary of some of the more notable laws passed by the 2021 Virginia legislature. Most new laws take effect on July 1st. A common theme is that they are generally considered defense-friendly, but not all. You should consult an attorney or read the code if you want to know specifics.End of the Death PenaltyOn March 24, 2021 Virginia became the first southern state to abolish Capital Punishment. Since 1976 when the U. S. Supreme Court upheld...
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