Since July 1, 2020, Virginia has prohibited employers from entering into, enforcing or threatening to enforce non-compete agreements with “low wage employees.” The definition of “low wage employee” periodically changes...more
On June 13, 2023, the City of Norfolk Circuit Court held in Jordan v. Sch. Bd. of the City of Norfolk that sovereign immunity bars a plaintiff’s claims against the Norfolk City School Board for allegedly violating the...more
On Jan. 12, 2023, the U.S. District Court for the District of New Jersey held in Ramos v. WalMart, Inc. that Pennsylvania plaintiffs have up to six years to file claims against employers for improper use of criminal history...more
Virginia has adopted permanent COVID-19 safety rules for employers that will remain in effect as long as the commonwealth remains in a state of emergency. When that ends, the Safety and Health Codes Board will determine...more
On April 12, 2020, Virginia Gov. Ralph Northam signed a series of new employee protection laws related to employee unpaid wage complaints. Notably, the enactment of HB 123 and SB 838, known as the Wage Theft Law, for the...more
In March and April 2020, Gov. Ralph Northam signed multiple bills into law meant to combat worker misclassification. The new legislation creates a private cause of action for misclassified workers, prohibits retaliation...more
On April 11, 2020, Gov. Ralph Northam signed the Virginia Values Act (VVA), making Virginia the first state in the South to enact comprehensive protections for the LGBTQ community against discrimination in employment,...more
The roller coaster of employer liability under the background check provisions of the Fair Credit Reporting Act (FCRA) recently took an upswing with the California Court of Appeals’ decision in Culberson v. Walt Disney Parks...more
On Jan. 29, 2019, the 9th U.S. Circuit Court of Appeals, in a strikingly broad decision, raised the bar for employers’ compliance with the Fair Credit Reporting Act (FCRA). In Gilberg v. California Check Cashing Stores, LLC,...more
On Sept. 12, the Consumer Finance Protection Bureau issued an updated model disclosure form, required under the federal Fair Credit Reporting Act (FCRA) as of Sept. 21, 2018. The revised “Summary of Your Rights Under the Fair...more
On August 29, the Seventh Circuit reentered the multi-front fray that has broken out among lower courts in the wake of the Supreme Court’s 2016 decision in Spokeo v Robins, 136 S. Ct. 1540 (2016). ...more
On Aug. 10, 2018, Massachusetts enacted the Massachusetts Noncompetition Agreement Act after a 10-year legislative effort. This statute has substantial implications for employers who have employees or work with independent...more