Blog: Opinions & Observations
Virginians Can Protect Personal Data under New Virginia Consumer Data Protection Act
March 19, 2021
It is no secret that businesses have been collecting, buying, and selling personal information about consumers for years. It is a safe bet that every time you interact with a company it is recording the information it receives and building a profile on you based on demographic data, such as your shirt size or whether you own a pet, and your personal preferences for consumer goods.Companies use this information to better market their goods and services to...
Read MoreNew Virginia Employment Laws Effective July 1, 2020
June 30, 2020
Virginia has traditionally been viewed as an employer-friendly state. Part of that reputation arises from the fact that it had relatively few wage payment regulations and that state courts were closed to most employment-related claims. Instead, employees had to bring their discrimination claims in federal court, where there were statutory caps to damages, and they had to rely on the Department of Labor and Industry to pursue any wage payment claims....
Read MoreNew Laws in Virginia Effective July 1, 2020 and Noteworthy Actions by the Virginia Legislature
June 29, 2020
Many of the new laws passed in the 2020 legislative session reflect concerns that dominated the news last year, such as legalizing marijuana, mass shootings and gun control. The 2021 session will, no doubt, have bills introduced reflecting current concerns raised by the Black Lives Matter movement and COVID-19.Decriminalization of MarijuanaPenalties for offenses involving personal possession of up to one ounce of marijuana are now a civil violation and no...
Read MoreNew Unemployment Benefits Under the CARES Act
April 24, 2020
The recently enacted Coronavirus Aid, Relief and Economic Security Act, known as the CARES Act, includes three new federally-funded programs to provide additional unemployment compensation for workers. While the federal government is providing the funding, the programs will be administered by the states as part of their unemployment insurance systems. What follows is a brief summary of each program.PANDEMIC UNEMPLOYMENT ASSISTANCEThe CARES Act creates...
Read MoreCOVID-19: Helpful Resources for Businesses and Individuals
April 13, 2020
(UPDATED April 22, 2020)Congress passed major legislation to address economic and health problems caused by the COVID-19 pandemic and is currently considering additional changes to the law. Government agencies are regularly providing regulations and guidance for businesses and individuals to understand how these laws affect them and what new benefits are available.We have compiled the links below to help clients and community members locate relevant...
Read MoreWorker Safety During a Pandemic: Handling Employees’ Fear of Exposure and Employees with COVID-19
March 31, 2020
(Last updated April 6, 2020)The COVID-19 pandemic has resulted in unprecedented challenges for employers. While many retail establishments and other businesses have voluntarily or involuntarily shut down and many other organizations are allowing employees to work remotely, others are attempting to remain operating at full or reduced capacity. Those who are maintaining on-site operations may find that some employees refuse to come to work because of...
Read MoreWhat Employers Need to Know about the Families First Coronavirus Response Act
March 26, 2020
Last week, the President signed into law the Families First Coronavirus Response Act (“FFCRA”), the first of what promises to be a number of legislative enactments addressing the current pandemic. The FFCRA contains three specific laws that small to mid-sized employers should review: Public Health Emergency Leave, the Emergency Paid Sick Leave Act, and the Tax Credits for Paid Sick and Paid Family and Medical Leave. According to guidance published by...
Read MoreHighlights of Bills and New Laws in Virginia for 2019
June 26, 2019
Each January the Virginia General Assembly convenes to consider passing new laws and repealing old ones. Delegates and State Senators meet for six or eight weeks in alternating years with the extra two weeks in years when a budget is voted on. We had a 47-day session this year with sine die (closing day) on February 24. Generally, the new laws become effective on July 1st with exceptions for either immediate or delayed enactment. More than 3,000 bills...
Read MoreBeyond the Non-Disclosure Agreement: How to Protect Your Company’s Confidential Information
June 18, 2019
My colleague Brent Haden recently posted an insightful article about non-competition covenants. As he noted, such covenants, when properly drafted, can be enforceable. However, many courts subject non-competes to intense scrutiny because of their effect on competition and limitation on the ability of workers to obtain employment. Some states, such as California and Washington, have even gone as far as to refuse to enforce any non-competition agreement....
Read MoreNon-Compete Agreements in VA – What Is Enforceable and What You Should Consider
May 06, 2019
As our society and workforce has become more mobile, the presence of non-competition covenants has increased. What does that mean in today’s workforce for employees and employers? In Virginia, covenants not to compete are disfavored and will only be enforced if specific requirements are met. To be enforceable in Virginia, a non-competition covenant must (i) be narrowly drawn to protect a legitimate business interest, (ii) not be unduly burdensome on...
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