Hunton Employment & Labor Perspectives

Analysis and Development in Employment & Labor Issues

Blog Authors

AB C D E F G HIJ K L M N O P Q R S T U V WXYZ

Jessica N. Agostinho

Mariana Aguilar

Walter J. Andrews

Hunton Andrews Kurth LLP

Anh Shigekawa

Jayde M. Ashford

L. Scott Austin

Latest from Hunton Employment & Labor Perspectives

Hunton Employment & Labor Perspectives

OSHA’s New Safety Rule: Health Care Workers and Beyond

By Susan F. Wiltsie, Christopher M. Pardo & Elizabeth L. Sherwood

June 11, 2021

Occupational,Safety,And,Health,Administration.,Osha,Checklist,Documents.,Industry,Employee

On June 10, 2021, fifteen months into the COVID-19 pandemic, the United States Labor Department’s Occupational Safety and Health Administration (“OSHA”) has issued its first ‘emergency temporary standard’ (“ETS”) governing the impact of COVID-19 on health care workers. The ETS broadly requires healthcare employers to conduct an internal safety assessment and develop a safety plan, which must be in writing for all employers with more than 10 employees. The ETS further delineates requirements relating to…

Hunton Employment & Labor Perspectives

CalOSHA Withdraws Recently Proposed Revisions to its COVID-19 Emergency Temporary Standards (ETS)

By Emily Burkhardt Vicente & Karen Jennings Evans

June 11, 2021

While California inches closer to the state’s June 15 target to lift restrictions and reopen the economy, California employers will have to wait for guidance from CalOSHA on the standards that will govern COVID-19 workplace safety. For now, CalOSHA’s Emergency Temporary Standards released in November 2020 will remain in place and employers will need to continue to be mindful of these more restrictive guidelines, despite loosening of other state restrictions.…

Hunton Employment & Labor Perspectives

Recent Shifts In The Independent Contractor v. Employee Classification Rules

By Kevin J. White & Savannah R. Gibbs

June 9, 2021

The legal landscape for defining “employers,” “employees,” and “independent contractors” can be quite dynamic, as this past year has illustrated. In January 2021, the Department of Labor issued an employer-friendly independent contractor rule that would have departed from the agency’s typical balancing test, but it formally withdrew this rule in early May with the change in administration. The DOL’s independent contractor rule is intended to provide guidance to employers when determining whether a worker is…

Hunton Employment & Labor Perspectives

Law360 Recognizes Amber Rogers As Employment Rising Star

By Hunton Andrews Kurth LLP

June 8, 2021

HuntonAK labor and employment partner, Amber Rogers has been named to Law360’s Employment Rising Stars for 2021. Amber was selected out of 1,400 applicants, practice area winners were selected based on their career accomplishments in their respective disciplines. Law360’s Rising Stars is an annual compilation of lawyers under the age of 40 whose legal accomplishments transcend their age.…

Hunton Employment & Labor Perspectives

EEOC Gives Okay for Employer’s Vaccine Incentive Programs in Certain Instances

By Gary Enis & Alan J. Marcuis

June 2, 2021

Since the beginning of the COVID-19 pandemic, the Equal Employment Opportunity Commission (EEOC) has frequently released guidance on the many employment law compliance issues that have arisen as a result of the pandemic. The latest guidance issued by the EEOC concerns whether employers may implement vaccine incentive programs to encourage employees to get vaccinated without running afoul of the Americans with Disabilities Act (ADA) or the Genetic Information Discrimination Act (GINA). In its May 28, …

Hunton Employment & Labor Perspectives

HuntonAK Labor and Employment Recognized By Chambers USA Rankings 2021

By Hunton Andrews Kurth LLP

May 26, 2021

HuntonAK’s Labor and Employment practice has been recognized as leaders by Chambers USA 2021 rankings. Chambers USA ranks leading firms and lawyers in an extensive range of practice areas throughout America. The research is in-depth, and client-focused and the guide is read by industry-leading companies and organizations throughout the US and worldwide.…

Hunton Employment & Labor Perspectives

Ninth Circuit Rules California’s ABC Test is Not Preempted by the Federal Aviation Administration Authorization Act

By Katherine P. Sandberg & Christopher M. Pardo

May 24, 2021

In an April 28, 2021 decision, the Ninth Circuit determined that that the application of California’s ABC test (also known as AB-5) to motor carriers is not preempted by the Federal Aviation Administration Authorization Act of 1994 (“F4A”). The ABC test is a judicially-created independent contractor test that was ultimately codified via AB-5. For a more in-depth discussion of AB 5, visit our previous blog post here.…

Hunton Employment & Labor Perspectives

The Trend Towards Legal Recreational Cannabis: Considerations for Employers

By Michael Reed & Holly H. Williamson

May 20, 2021

In the first four months of 2021, Virginia, New Mexico, New York and New Jersey passed laws legalizing or decriminalizing, in some form, recreational marijuana. Exactly how these laws will affect employers in these states is still an open question, but for now, employers should understand the nuances of the laws so they can prepare for the emerging reality that is legal marijuana.…

Hunton Employment & Labor Perspectives

Upcoming Fifth Circuit Hearing to Address FLSA Day-Rate Issues

By J. Marshall Horton & Holly H. Williamson

May 18, 2021

Most employers know the Fair Labor Standards Act (“FLSA”) requires employees to be paid time-and-one-half for all hours worked over 40 in a workweek unless an exemption applies. But what some employers don’t realize is, for the most-commonly-used overtime exemptions to apply, employees must not only satisfy various “duties” tests, but they must also be paid on a “salary basis” at not less than $684 per week. Payment on a salary basis means an employee…

Hunton Employment & Labor Perspectives

Virginia Enacts Employment Protections For Medical Use of Cannabis Oil

By Tyler S. Laughinghouse & Ryan A. Glasgow

May 13, 2021

On March 25, 2021, Virginia Governor Ralph Northam signed into law new protections for employees related to the medicinal use of cannabis oil. Effective July 1, 2021, the newly enacted § 40.1-27.4 will prohibit employers from disciplining, discharging, or discriminating against an employee for his or her lawful use of cannabis oil so long as the use is pursuant to a valid written certification issued by a health care practitioner for the treatment of the…

Hunton Employment & Labor Perspectives

Analysis and Development in Employment & Labor Issues

Blog Authors

OSHA’s New Safety Rule: Health Care Workers and Beyond

CalOSHA Withdraws Recently Proposed Revisions to its COVID-19 Emergency Temporary Standards (ETS)

Recent Shifts In The Independent Contractor v. Employee Classification Rules

Law360 Recognizes Amber Rogers As Employment Rising Star

EEOC Gives Okay for Employer’s Vaccine Incentive Programs in Certain Instances

HuntonAK Labor and Employment Recognized By Chambers USA Rankings 2021

Ninth Circuit Rules California’s ABC Test is Not Preempted by the Federal Aviation Administration Authorization Act

The Trend Towards Legal Recreational Cannabis: Considerations for Employers

Upcoming Fifth Circuit Hearing to Address FLSA Day-Rate Issues

Virginia Enacts Employment Protections For Medical Use of Cannabis Oil

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