Author Info for Woods Rogers

Christopher Ambrosio

Corporate Transparency Act: What You Need To Know

The Corporate Transparency Act (CTA) went into effect on January 1, 2024, creating a national beneficial owner database to be used in combating money laundering, by requiring companies to report information about their…more

Beneficial Owner, Business Entities, Business Ownership, Corporate Transparency Act, Enforcement

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Patrick Austin

FAR Council Publishes Proposed Rule Imposing New Security Requirements on Contractors Handling CUI

On January 15, 2025, the Federal Acquisition Regulatory Council published a proposed rule (the FAR CUI Rule) that would amend the Federal Acquisition Regulation (FAR) to impose government-wide cybersecurity, training, and…more

Compliance, Contractors, Controlled Unclassified Information (CUI), Cyber Incident Reporting, Cybersecurity

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Timothy Bechen

Getting Sued for Using Photos of Employees

Are you a Virginia business that uses employee photos to promote your organization or improve employee morale? Virginia Statute 8.01-40 provides a civil action for the unauthorized use of the name, portrait or picture of any…more

Employee Handbooks, Employees, Employer Liability Issues, Employment Policies, Intellectual Property Protection

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Anne Bibeau

Managing Workplace Civility during Trying Times

With this week marking a change in federal administration, emotions and opinions are running high across the country. There is bound to be a heated discussion in the breakroom or on team message boards…more

Anti-Discrimination Policies, Corporate Culture, Diversity and Inclusion Standards (D&I), Employee Rights, Employee Training

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F. Nash Bilisoly

[Webinar] A Right of Appeal: Navigating the Court of Appeals of Virginia After Expansion in Size and Jurisdiction - June 7th, 12:00 pm - 1:00 pm EST

- Learn about the significant changes that will enable almost all litigants to have a right to appeal to the Court of Appeals of Virginia - Become aware of pitfalls at trial that could hurt your chances on appeal -…more

Appeals, Appellate Courts, Appellate Jurisdiction, Right To Appeal, Virginia

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Neil Birkhoff

State and Local Tax Law Changes in Effect in 2024

The Virginia Department of Taxation released its 2024 legislative summary detailing changes, effective July 1, 2024, to Virginia’s state and local tax laws. The following discussion focuses on a few of the changes you may find…more

Collection Action, General Assembly, Legislative Agendas, Local Taxes, Reporting Requirements

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R. Patrick Bolling

Employers Need to Pay Close Attention to Form I-9 Processing

In today’s ever-evolving legal landscape, compliance with immigration laws is crucial for businesses of all sizes. Employers have a legal obligation to verify the employment eligibility of their workers, and one essential aspect…more

E-Verify, Employer Liability Issues, Employment Eligibility Verification, Filing Deadlines, Form I-9

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Ross Broudy

Department of Labor’s AI Best Practices: Key Takeaways for Employers

In October 2024, the Department of Labor released its principles and best practices for developers and employers using AI (pdf), aiming to provide employers with guidelines to promote workplace augmentation through the use of AI…more

Artificial Intelligence, Best Practices, Bias, Compliance, Data Privacy

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Dean Buckius

[Event] Back on Track: 42nd Annual Labor & Employment Seminars - October 27th, Roanoke, VA

Building a better workplace requires endurance and determination. But when you manage people, it’s easy to get off track. Everyone needs a trainer who can help them keep their eyes on the prize: a workplace that is good for…more

Affirmative Action, Americans with Disabilities Act (ADA), Artificial Intelligence, Continuing Legal Education, Diversity

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Raven Burks

Managing Workplace Civility during Trying Times

With this week marking a change in federal administration, emotions and opinions are running high across the country. There is bound to be a heated discussion in the breakroom or on team message boards…more

Anti-Discrimination Policies, Corporate Culture, Diversity and Inclusion Standards (D&I), Employee Rights, Employee Training

See all updates »

John Byrum Jr.

Supreme Court Ends Judicial Deference to Agencies’ Regulatory Interpretation

For the past forty years, governmental agencies enjoyed a strong deference by the courts regarding challenges to their legal authority to develop and implement regulations. This deference made it difficult for the regulated…more

Administrative Agencies, Administrative Procedure Act, Chevron Deference, Chevron v NRDC, Government Agencies

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Megan Caramore

Coronavirus And Virginia Workers' Compensation Part II: Burdens Of Proof And The Stay-At-Home Order

This article is a follow up to the Coronavirus and Virginia Workers’ Compensation article and deals with how social distancing precautions and the Governor’s stay-at-home order may impact the Virginia workers’ compensation…more

Burden of Proof, Coronavirus/COVID-19, Executive Orders, Governor Northam, Shelter-In-Place

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Victor Cardwell

STOP THE PRESSES: DOL’s Overtime Expansion Faces Judicial Freeze

A federal judge in Texas has hit pause on the hotly contested salary increase for the executive, administrative, and professional (EAP) overtime exemption under the Fair Labor Standards Act (FLSA). Earlier this year, the…more

Department of Labor (DOL), EAP, Employer Liability Issues, Fair Labor Standards Act (FLSA), Highly Compensated Employees

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Deborah Casey

Virginia Community Associations and the Corporate Transparency Act

On December 3, 2024, a United States District Court in the Eastern District of Texas issued a nationwide preliminary injunction against the enforcement of the Corporate Transparency Act (CTA) and its reporting requirements…more

Beneficial Owner, Community Associations, Condominium Associations, Corporate Transparency Act, Deadlines

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Agnis Chakravorty

[Event] Back on Track: 42nd Annual Labor & Employment Seminars - October 27th, Roanoke, VA

Building a better workplace requires endurance and determination. But when you manage people, it’s easy to get off track. Everyone needs a trainer who can help them keep their eyes on the prize: a workplace that is good for…more

Affirmative Action, Americans with Disabilities Act (ADA), Artificial Intelligence, Continuing Legal Education, Diversity

See all updates »

W. Thomas Chappell

A Legislative Fix for Virginia Community Associations After Palisades Park

The Virginia General Assembly recently passed legislation that addresses concerns for the community association industry from the ruling in a recent Court of Appeals decision in Burkholder v. Palisades Park Owners Ass’n, 76 Va…more

Appeals, Condominium Associations, General Assembly, Homeowners Association (HOA), Virginia

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Emily Kendall Chowhan

Now Is the Time to Conduct I-9 Audits: What's the Tea in L&E?

What’s the Tea in L&E is a video series focused on the latest trends and updates in labor and employment law. In this short video, Woods Rogers L&E attorneys Leah Stiegler and Emily Kendall Chowhan highlight the key reasons why…more

Audits, Department of Labor (DOL), Employment Eligibility Verification, Employment Policies, Foreign Nationals

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Monica Cliatt

Wax On, Wane Not: Corporate Investigations and Enforcement Actions are on the Rise at DOJ

Every national election cycle, we are reminded that presidential administrations drive the trajectory of white-collar civil and criminal enforcement priorities. Halfway through President Biden’s first term, in 2022, Attorney…more

Compliance, Cooperative Compliance Regime, Criminal Investigations, Department of Justice (DOJ), Enforcement Actions

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Richard Crouch

Corporate Transparency Act: What You Need To Know

The Corporate Transparency Act (CTA) went into effect on January 1, 2024, creating a national beneficial owner database to be used in combating money laundering, by requiring companies to report information about their…more

Beneficial Owner, Business Entities, Business Ownership, Corporate Transparency Act, Enforcement

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Robert DeRise

Federal Funding Freeze: Should Institutions and Government Contractors Prepare for the Worst?

On January 28, 2025, reporters uncovered that President Trump’s pick to head the Office of Management and Budget (OMB) issued a government-wide directive to the heads of every federal agency titled “Temporary Pause of Agency…more

Executive Orders, Federal Contractors, Federal Funding, Government Agencies, Litigation Strategies

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Jed Donaldson

Bankruptcy Considerations And Relief For Distressed Businesses Amidst COVID-19

In addition to recent programs from the U.S. Small Business Administration (“SBA”), such as low interest disaster loans, small businesses may benefit from amendments to the U.S. Bankruptcy Code, which became effective on…more

Business Closures, Business Interruption, Commercial Bankruptcy, Coronavirus/COVID-19, Distressed Debt

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Jennifer Eaton

I’m So Lost: Navigating the Labyrinth of Legal Ethics, Professionalism, and Civility to Improve Understanding, Avoid Discipline, and Enhance the Legal Profession

Lawyers are members of a learned and honorable profession, subject to legal ethics rules, and encouraged to be civil as they practice their craft. These fundamental concepts—legal ethics, professionalism, and civility—were…more

American Bar Association (ABA), Ethical Duties, Law Firm Associates, Law Firm Partners, Law Practice Management

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Nathan Evans

AI and Invention: USPTO Issues More Guidance

On July 17, 2024, the U.S. Patent Office issued additional guidance regarding patentability and inventorship concerns relating to Artificial Intelligence. This guidance expands upon prior guidelines, as discussed in a previous…more

Artificial Intelligence, Authorship, Computer-Related Inventions, Innovation Patent, Innovative Technology

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John Francisco

Employers Need to Pay Close Attention to Form I-9 Processing

In today’s ever-evolving legal landscape, compliance with immigration laws is crucial for businesses of all sizes. Employers have a legal obligation to verify the employment eligibility of their workers, and one essential aspect…more

E-Verify, Employer Liability Issues, Employment Eligibility Verification, Filing Deadlines, Form I-9

See all updates »

Michael Gardner

Virginia Supreme Court Rules in Favor of Teacher Over Use of Pronouns

The Virginia Supreme Court ruled in favor of a high school teacher, finding that the circuit court wrongly dismissed the teacher’s claims against his former employer, who had terminated the teacher after he refused to use a…more

Appeals, Gender Discrimination, Harassment, Religious Freedom Restoration Act (RFRA), Remand

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Patrick Genzler

Virginia DEQ Amends Construction General Permit to Include Disposal Disclosure Requirements

Contractors that obtain coverage under the Virginia General Permit for Discharges of Stormwater from Construction Activities (“Construction General Permit” or “Permit”) will soon need to disclose information regarding the…more

Construction Industry, Construction Permits, Construction Project, Department of Environmental Quality, Disclosure Requirements

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James Harvey

2023 Changes to Virginia’s Construction Payment Terms

In April 2022, we discussed new amendments to Virginia’s Prompt Payment Act and Wage Theft statute. Although the 2022 amendments changed payment terms for all construction contracts in Virginia, the amended statutes established…more

Construction Industry, Payment Systems, Prompt Payment, Virginia, Wage Theft

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Elizabeth Barry Heddleston

HHS Updates Its Guidance on Online Tracking Technologies – Controversy Remains

The U.S. Department of Health and Human Services, Office of Civil Rights (OCR) recently updated its controversial, year-old guidance document on the use of online tracking technologies by healthcare providers and other…more

American Hospital Association, Business Associates, Department of Health and Human Services (HHS), Health Care Providers, Health Insurance Portability and Accountability Act (HIPAA)

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Geoffrey Hemphill

Payroll Tax Credit for Qualified Emergency Paid Sick Leave and Emergency FMLA

The Department of Labor issued a release giving details on the payroll tax credits for qualified emergency paid sick leave (EPSL) and emergency (Family and Medical Leave Act (FMLA) leave under the Families First Coronavirus…more

Coronavirus/COVID-19, Families First Coronavirus Response Act (FFCRA), Family and Medical Leave Act (FMLA), Payroll Taxes, Relief Measures

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Patrick Herman

Estate Planning for Young Adults

Estate planning is the tool that allows individuals to control how their assets and lives will be managed in case of their incapacitation or death. One common misconception is that estate planning is solely for the wealthy. On…more

Advance Directives, Estate Planning, Living Will, Wills

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Patice Holland

[Event] Back on Track: 42nd Annual Labor & Employment Seminars - October 27th, Roanoke, VA

Building a better workplace requires endurance and determination. But when you manage people, it’s easy to get off track. Everyone needs a trainer who can help them keep their eyes on the prize: a workplace that is good for…more

Affirmative Action, Americans with Disabilities Act (ADA), Artificial Intelligence, Continuing Legal Education, Diversity

See all updates »

Barbara Kahn

Corporate Transparency Act Subject to Nationwide Injunction (Again)

The on-again, off-again nationwide injunction barring enforcement of the Corporate Transparency Act (CTA) is back on. The Fifth Circuit Court of Appeals will hear the case of Texas Top Cop Shop, Inc. v. Merrick Garland,…more

Appeals, Beneficial Owner, Business Entities, Business Ownership, Constitutional Challenges

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Fourd Kemper

Importance of Jack Daniel’s When Picking a Trademark

Branding, including acquiring and protecting your trademarks, is essential to growing your business and protecting against other companies getting a free-ride on your reputation and goodwill. In 2007, Louis Vuitton sought to…more

Brand, Business Development, Business Strategies, First Amendment, Intellectual Property Litigation

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Ray King

Corporate Transparency Act Subject to Nationwide Injunction (Again)

The on-again, off-again nationwide injunction barring enforcement of the Corporate Transparency Act (CTA) is back on. The Fifth Circuit Court of Appeals will hear the case of Texas Top Cop Shop, Inc. v. Merrick Garland,…more

Appeals, Beneficial Owner, Business Entities, Business Ownership, Constitutional Challenges

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Joshua Long

Virginia’s New Minimum Salary Level for Non-Compete Agreements

We’re here to bring you the latest news that directly impacts your business operations in the great Commonwealth of Virginia. It’s time to take note: Virginia has a new minimum salary level for non-compete agreements. This…more

Attorney's Fees, Bureau of Labor Statistics, Compliance, Damages, Enforcement Actions

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Neil Lowenstein

Contractor’s $25M Insurance Claim Waived Because of Untimely Notice to Insurer

A recent holding in Fairfax County Circuit Court reinforces the importance of contractors giving timely claim notice to their insurers. The case, St. Paul Fire and Marine Ins. Co. v. HITT Contracting, Inc., decided on December…more

Construction Disputes, Construction Industry, Construction Litigation, Construction Project, Contractors

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Justin Lugar

4 Things Everyone Should Know About the DOJ’s Seismic Policy Shift

Acting Deputy Attorney General Emil Bove issued a Memorandum to all Department of Justice (DOJ) employees outlining interim guidance in light of the Executive Orders issued by President Donald Trump on his first day in office…more

Constitutional Challenges, Criminal Prosecution, Department of Homeland Security (DHS), Department of Justice (DOJ), Enforcement Actions

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Richard Maxwell

Important Changes to Virginia Foreclosure Law

Virginia House Bill 2175, which goes into effect on July 1, 2021, makes dramatic changes to the procedure for conducting foreclosure sales in Virginia. Under the new law, the notice of the foreclosure sale for owner-occupied…more

Affidavits, Foreclosure, HUD, Legal Aid, Lenders

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Anthony Mazzeo

FAR Council Publishes Proposed Rule Imposing New Security Requirements on Contractors Handling CUI

On January 15, 2025, the Federal Acquisition Regulatory Council published a proposed rule (the FAR CUI Rule) that would amend the Federal Acquisition Regulation (FAR) to impose government-wide cybersecurity, training, and…more

Compliance, Contractors, Controlled Unclassified Information (CUI), Cyber Incident Reporting, Cybersecurity

See all updates »

Elaine McCafferty

A New Day for Data Privacy: California Privacy Act Exemptions Will Expire

January 1, 2023, is now a more ominous deadline in the data privacy compliance world. Privacy professionals have been watching California’s 2022 legislative session to see whether California Consumer Privacy Act (CCPA)…more

B2B Organizations, California, California Consumer Privacy Act (CCPA), Cybersecurity, Data Privacy

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Bryant McGann

Bankruptcy Considerations And Relief For Distressed Businesses Amidst COVID-19

In addition to recent programs from the U.S. Small Business Administration (“SBA”), such as low interest disaster loans, small businesses may benefit from amendments to the U.S. Bankruptcy Code, which became effective on…more

Business Closures, Business Interruption, Commercial Bankruptcy, Coronavirus/COVID-19, Distressed Debt

See all updates »

Olivia Moulds

EEOC Issues New Rule on the Pregnant Workers Fairness Act

On April 15, 2024, the U.S. Equal Employment Opportunity Commission (EEOC) issued a Final Rule on implementing the Pregnant Workers Fairness Act (PWFA). The PWFA was enacted in December 2022 and has been in effect since June…more

Americans with Disabilities Act (ADA), Civil Rights Act, Equal Employment Opportunity Commission (EEOC), Federal Labor Laws, Final Rules

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George Nicholos

New Statutory Requirements for Condominium Inspections Following the Collapse of Champlain Towers South in Florida

Heightened statutory inspection and maintenance requirements in high-rise condominium buildings emphasize the critical importance of similar inspection and maintenance regimens for similarly situated properties…more

Building Codes, Building Inspectors, Building Standards, Condominiums, Construction Industry

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Gaela Normile

Virginia Community Associations and the Corporate Transparency Act: New Federal Reporting Requirements Effective January 1, 2024 - Update

Updated 4.9.24 - We will continue to monitor developments. Stay tuned for updates. Original Article: Effective January 1, 2024, most Virginia community associations will be required to comply with the federal Corporate…more

Beneficial Owner, Community Associations, Corporate Transparency Act, Deadlines, FinCEN

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Kathleen Panagis

Virginia Community Associations and the Corporate Transparency Act

On December 3, 2024, a United States District Court in the Eastern District of Texas issued a nationwide preliminary injunction against the enforcement of the Corporate Transparency Act (CTA) and its reporting requirements…more

Beneficial Owner, Community Associations, Condominium Associations, Corporate Transparency Act, Deadlines

See all updates »

John Pilch

HHS Updates Its Guidance on Online Tracking Technologies – Controversy Remains

The U.S. Department of Health and Human Services, Office of Civil Rights (OCR) recently updated its controversial, year-old guidance document on the use of online tracking technologies by healthcare providers and other…more

American Hospital Association, Business Associates, Department of Health and Human Services (HHS), Health Care Providers, Health Insurance Portability and Accountability Act (HIPAA)

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James Rixey

Electronic Notarization And Remote Notarization: What Is It, And Is It Available In Virginia?

In light of the recent social distancing guidelines, parties are searching for alternative methods of doing business and closing transactions while avoiding face-to-face interaction. As a result, the issue of electronic…more

Coronavirus/COVID-19, E-Signatures, Electronic Notarization Standard, Notarization, Videoconference

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Jeyleani Sanchez

Department of Labor’s AI Best Practices: Key Takeaways for Employers

In October 2024, the Department of Labor released its principles and best practices for developers and employers using AI (pdf), aiming to provide employers with guidelines to promote workplace augmentation through the use of AI…more

Artificial Intelligence, Best Practices, Bias, Compliance, Data Privacy

See all updates »

Frederick Schutt

STOP THE PRESSES: DOL’s Overtime Expansion Faces Judicial Freeze

A federal judge in Texas has hit pause on the hotly contested salary increase for the executive, administrative, and professional (EAP) overtime exemption under the Fair Labor Standards Act (FLSA). Earlier this year, the…more

Department of Labor (DOL), EAP, Employer Liability Issues, Fair Labor Standards Act (FLSA), Highly Compensated Employees

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William Shewmake

Virginia’s Solar Facilities are Growing: General Assembly Sets Carbon Neutral Goal

The future of utility-scale solar facilities in Virginia is bright, and has brightened even more lately. The General Assembly recently adopted an ambitious goal of achieving carbon neutrality by 2045. As a result, Virginia’s…more

Carbon Emissions, Energy Tax Incentives, General Assembly, Income Taxes, IRS

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Joseph Spruill III

CFPB Warns Employee Confidentiality Agreements May Violate Whistleblower Protections

The Consumer Financial Protection Bureau (CFPB) recently issued the Consumer Financial Protection Circular 2024-04 warning financial institutions that broad employee confidentiality agreements may violate the whistleblower…more

Confidentiality Agreements, Consumer Financial Protection Act (CFPA), Consumer Financial Protection Bureau (CFPB), Employees, Employer Liability Issues

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Daniel Stephens

Lis Pendens and Arbitration – Avoiding an Either-Or Dilemma

The filing of a Lis pendens is a vital tool for protecting a party’s rights in enforcing a purchase and sale agreement for real estate, but if the claim at issue falls within a mandatory arbitration clause, the party may not…more

Commercial Real Estate Contracts, Lis Pendens, Mandatory Arbitration Clauses, Purchase Agreement, Real Estate Market

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Michael Sterling

New Emergency Temporary Standard Will Apply to Employers in Virginia

Governor Northam’s executive order (EO 63), tasked the Virginia Safety and Health Codes Board (the Board) – which “promulgates and adopts job safety and health standards, [that] employers and employees are required to comply……more

Coronavirus/COVID-19, Employer Responsibilities, Governor Northam, Health and Safety, Workplace Safety

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Leah Stiegler

Now Is the Time to Conduct I-9 Audits: What's the Tea in L&E?

What’s the Tea in L&E is a video series focused on the latest trends and updates in labor and employment law. In this short video, Woods Rogers L&E attorneys Leah Stiegler and Emily Kendall Chowhan highlight the key reasons why…more

Audits, Department of Labor (DOL), Employment Eligibility Verification, Employment Policies, Foreign Nationals

See all updates »

Daniel Summerlin III

Supreme Court Ends Judicial Deference to Agencies’ Regulatory Interpretation

For the past forty years, governmental agencies enjoyed a strong deference by the courts regarding challenges to their legal authority to develop and implement regulations. This deference made it difficult for the regulated…more

Administrative Agencies, Administrative Procedure Act, Chevron Deference, Chevron v NRDC, Government Agencies

See all updates »

King Tower

DOL’s New Overtime Rule: Raising the Salary Threshold

On April 23, 2024, the Department of Labor (DOL) released its highly anticipated final rule regarding overtime pay eligibility. The new rule, which goes into effect on July 1, 2024, significantly raises the salary thresholds for…more

Department of Labor (DOL), Employer Liability Issues, Exempt-Employees, Fair Labor Standards Act (FLSA), Federal Labor Laws

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Joshua Treece

[Event] Stronger Together: 2022 Labor & Employment Law Seminar - October 24th, Roanoke, VA

Strong collaboration between HR and legal is crucial in the ever-changing landscape of labor and employment laws. Working together can help you avoid potential legal risks and find quick resolutions to employee-related matters…more

Americans with Disabilities Act (ADA), Anti-Harassment Policies, Continuing Legal Education, Corporate Counsel, Department of Labor (DOL)

See all updates »

Elizabeth Burgin Waller

Department of Labor’s AI Best Practices: Key Takeaways for Employers

In October 2024, the Department of Labor released its principles and best practices for developers and employers using AI (pdf), aiming to provide employers with guidelines to promote workplace augmentation through the use of AI…more

Artificial Intelligence, Best Practices, Bias, Compliance, Data Privacy

See all updates »

Christine Ward

[Event] Back on Track: 42nd Annual Labor & Employment Seminars - October 27th, Roanoke, VA

Building a better workplace requires endurance and determination. But when you manage people, it’s easy to get off track. Everyone needs a trainer who can help them keep their eyes on the prize: a workplace that is good for…more

Affirmative Action, Americans with Disabilities Act (ADA), Artificial Intelligence, Continuing Legal Education, Diversity

See all updates »

Thomas Winn III

EEOC Publishes Updated Guidance on Harassment in the Workplace

On April 29, 2024, the U.S. Equal Employment Opportunity Commission (EEOC) published its updated guidance on harassment in the workplace, “Enforcement Guidance on Harassment in the Workplace.” The new guidance updates and…more

Amended Regulation, EEO, Employer Liability Issues, Equal Employment Opportunity Commission (EEOC), Harassment

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Jamie Wood

Tips for Healthcare Organizations Handling Negative Online Reviews

A healthcare organization’s online presence is an important component of its reputation. Occasionally, dissatisfied patients will post negative reviews about healthcare services on social media and customer review platforms such…more

Cybersecurity, Data Privacy, Data Protection, Electronic Protected Health Information (ePHI), Health Care Providers

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Robert Wood III

[Event] Stronger Together: 2022 Labor & Employment Law Seminar - October 24th, Roanoke, VA

Strong collaboration between HR and legal is crucial in the ever-changing landscape of labor and employment laws. Working together can help you avoid potential legal risks and find quick resolutions to employee-related matters…more

Americans with Disabilities Act (ADA), Anti-Harassment Policies, Continuing Legal Education, Corporate Counsel, Department of Labor (DOL)

See all updates »

Joshua Wykle

IRS Imposes Moratorium on Employee Retention Credit

Just a month after the Internal Revenue Service (IRS) released guidance on how federal credit unions may claim the employee retention credit (ERC), the agency issued a moratorium on processing new claims for the credit. The…more

Employee Retention, IRS, Moratorium, Tax Credits, Tax Relief

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Woods Rogers

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