On July 27, 2020, Virginia became the first state in the nation to implement workplace safety and health standards for COVID-19.  The Safety and Health Codes Board adopted § 16VAC25-220, an Emergency Temporary Standard for Infectious Disease Prevention: SARS-CoV-2 Virus That Causes COVID-19 (the “Temporary Standard”), which is designed to supplement and enhance existing

In recent years, wage discrimination has been a hot topic and with it, the question of whether employers may rely on a worker’s salary history to justify a pay disparity between male and female employees. In a 2018 case involving the federal Equal Pay Act (“EPA”), Rizo v. Yovino, (about which we wrote here

As featured in #WorkforceWednesday: The latest FAQs from OSHA recommend wearing face masks, among other suggestions, for employees returning to work. Attorney Robert J. O’Hara discusses the significance of OSHA’s decision to issue recommendations, rather than guidance, and how rules on face masks in the office may differ at the state and local levels.

On May 19, 2020, the U.S. Department of Labor issued two COVID-19 related Enforcement Memos to provide updated guidance to OSHA investigators: (1) Revised Enforcement Guidance for Recording Cases of Coronavirus Disease 2019 (COVID-19) (“Revised Recordkeeping Guidance”), which reinstates  employers’ recordkeeping obligations for COVID-19 cases (29 CFR Part 1904) and (2) Updated Interim

On May 7, 2020, the Equal Employment Opportunity Commission (“EEOC”) announced that it was delaying the collection of 2019 EEO-1 demographic data until 2021 because of the COVID-19 public health emergency.  Accordingly, the EEOC’s online filing portal for 2019 EEO-1 filings will remain closed for now.

Recognizing the substantial impact the public health emergency is

On April 13, 2020, the Occupational Health and Safety Administration (“OSHA”) of the U.S. Department of Labor (“DOL”) issued an industry-specific alert for the package delivery industry during the COVID-19 pandemic.

The alert provides guidance tailored to the package delivery industry, but it is equally useful for any company using its own employees to deliver

On April 13, 2020, the Occupational Safety and Health Administration (‘OSHA”) of the U.S. Department of Labor issued a guidance memorandum (“Memorandum”) to its Area Offices and compliance safety and health officers for handling COVID-19 referrals, complaints, and severe illness reports.

The Memorandum articulates the procedures OSHA will use to prioritize enforcement responses, and details

As we previously reported in our “Summary of OSHA Guidance on Preparing Workplaces for COVID-19,” the U.S. Department of Labor (“DOL”) has provided detailed directions for employers with respect to ensuring an OSHA-compliant workplace during the COVID-19 pandemic.  On April 10, 2020, the DOL issued a memorandum providing interim guidance on enforcement of

This Employment Law This Week® Monthly Rundown discusses the most important developments for employers heading into May 2019.

First up this month, the confusion is over for employers. EEO-1 pay data does not need to be submitted to the EEOC by the end of the month. In what may be the final chapter of