House Passes Amendment to Fair Labor Standards Act Permitting Private Sector Comp Time

WFFA Pic

On May 2, 2017, the U.S. House of Representatives passed the Working Family Flexibility Act of 2017 – a bill that would amend the Fair Labor Standards Act (FLSA) to permit private employees to take paid time off instead of receiving monetary overtime compensation when working more than 40 hours per week.  While uncertainty looms over the fate of the bill as it moves to the Senate, if the bill is passed and becomes law, it would be a major amendment to the FLSA.

Private sector employers must be vigilant of this bill as it progresses through Congress and be prepared to implement procedures to offer comp time instead of overtime wages, and establish a system to keep track of the amount of comp time employees accrue. Continue reading

Workplace Violence: Employer Liability in Virginia and Potential VOSH Penalties

Workplace violence has become a serious issue for employers throughout the United States. In the wake of the shootings that occurred in San Bernardino, California and Hesston, Kansas, both of which occurred at the employer’s workplace, it is important for employers to be aware of the potential for violence in the workplace and ways in which it can be prevented.  Although these two incidents may not have been foreseeable or preventable, these incidents will nevertheless bring more attention to this issue.

Workplace violence can be categorized in three ways: 1) violence by an employee; 2) violence by a stranger; or 3) violence by a known third party. Depending on the facts of each incident, an employer may be faced with a lawsuit and/or a government investigation.  In Virginia, the law generally shields employers from liability for physical harm caused to employees or customers by the violent acts of employees or third parties.  However, even if an employer evades civil liability, employers may still be subject to an investigation Continue reading