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April Updates

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This Short List addresses the following topics:
  1. IRS Issues HSA-Compatible High Deductible Health Plan Guidance in Response to COVID-19
  2. San Francisco, CA: New Minimum Compensation Ordinance Rates Effective July 1
  3. New Jersey: Enforcement Guidance Released on Statewide Equal Pay Act
  4. New York: Workers on Strike Can File for Unemployment After Just Two Weeks
  5. Pittsburgh, PA: Revised Guidelines for Local Paid Sick Leave Available
  6. Utah: Private Employers Need Not Accommodate Medical Marijuana
  7. Virginia: Hairstyle, Type and Texture Protected from Racial Discrimination

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Virginia: Employers Must Provide Employees’ Personnel Records on Request

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July 1, 2019

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As of July 1, 2019, Virginia employers will be required to provide employees with copies of their personnel records upon request.  Following an amendment to the Virginia Code, any written request from an employee or an employee’s attorney must be responded to within 30 days of receipt.

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Fourth Circuit: FLSA Lodging Credit Still Applies to Hours-Worked Agreements

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All Employers of MD, NC, SC, VA, and WV Employees

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January 25, 2018

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The FLSA requires employees to be paid for all hours worked, and permits employers and employees to agree on the number of hours worked when the employee lives on the employer’s premises, provided that the FLSA’s wage and hour requirements are followed (e.g., minimum wage, overtime paid, etc.). In Balbed v. Eden Park Guest House, LLC, the Fourth Circuit Court of Appeal stated that even when an employer and employee enter into a reasonable agreement of hours worked, the FLSA’s requirements for calculating the lodging credit are still enforceable.

Fourth Circuit: Unique Six Factor Test to Determine Joint Employer Status

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January 25, 2017

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In Salinas v. Commercial Interiors Inc., the Fourth Circuit Court of Appeals recently established a unique six factor test for determining joint employer status that aligns with the Department of Labor’s broad interpretation of joint employer status, and rejected the more narrow “economic realities” test used in other circuit courts.

Virginia: State Contractors Must Prohibit Discrimination Based on Certain Categories

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All VA State Contractors

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February 7, 2017

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Governor Terry McAuliffe recently signed Executive Order No. 61, designed to combat sexual orientation and gender identity discrimination.  Specifically, the order states that the state of Virginia will only grant bids valued over $10,000 to state contractors with anti-discrimination policies against certain protected categories, including sexual orientation and gender identity.  The Order applies to any contracts that have not progressed to the stage where a change in contracting requirements would adversely impact completion of the project.