Remote inspection of Form I-9 documents is about to become a thing of the past (at least for now). According to a recent Department of Homeland Security (“DHS”) announcement, employers will no longer be allowed to remotely inspect employees’ Form I-9 documents as of July 31, 2023, and employers who remotely inspected employees’ Form
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U.S. Department of Labor clarifies how to calculate FMLA leave over holidays
In an opinion letter published this week, the U.S. Department of Labor’s Wage and Hour Division (“DOL”) clarified how employers should calculate an employee’s Family and Medical Leave Act (“FMLA”) leave entitlement when the leave is taken during a week that includes a holiday.
The FMLA regulations are clear that when an employee takes a…
EEOC releases guidance on artificial intelligence in the workplace
By Mark S. Goldstein, Carew Bartley & Maritza Torres on
Earlier this year, the US Equal Employment Opportunity Commission (EEOC) announced the launch of an Artificial Intelligence and Algorithmic Fairness Initiative, pursuant to which the agency would seek to ensure that software, including AI, used in employment decisions such as hiring, firing, and promoting complies with federal anti-discrimination laws. In line with that initiative, on…
Virginia further limits confidentiality and non-disparagement agreements and restricts the use of employee social security numbers
As the 2023 Virginia legislative session comes to a close, Governor Glenn Youngkin signed into law two new pieces of legislation that will expand the Commonwealth’s existing restriction on employee confidentiality agreements and restrict how employers may use employee social security numbers. Both new laws go into effect July 1, 2023.
Expanded prohibition on confidentiality…
NLRB stunner: Board rules that non-disparagement and confidentiality provisions in severance agreements are unlawful
On February 21, 2023, the National Labor Relations Board issued a landmark decision in McLaren Macomb that has the potential to seismically change how employers approach and manage employee separations that include severance packages. Overturning well-settled precedent, the Board held in a stunning decision that severance agreements containing non-disparagement and confidentiality provisions are unlawful under…
Virginia officially revoked COVID-19 workplace safety standard
On Wednesday, March 23, 2022, official revocation of Virginia’s COVID-19 permanent workplace safety standard became effective upon publication in the Richmond Times-Dispatch. That action followed a vote by the Virginia Department of Labor and Industry’s (DOLI’s) Safety and Health Codes Board (Board) earlier this week.
The Board initiated steps in February to end the standard…
Virginia begins process to revoke permanent COVID-19 workplace safety standard
On Wednesday, February 16, 2022, the Virginia Department of Labor and Industry’s (DOLI’s) Safety and Health Codes Board (Board) convened and voted to recommend revoking the Commonwealth’s COVID-19 permanent workplace safety standard. This action comes after newly-elected Governor Glenn Youngkin issued Executive Order 6 directing the Board to convene an emergency meeting to consider…