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Article At A Glance: Some employers have chosen to implement COVID-19 vaccination mandates. To have a vaccination mandate, the company should have a clear written vaccination policy and provide employees with time to comply. The policy should allow for disability and religious exemption accommodations for eligible employees. Employers can also consider requiring regular COVID-19 testing for unvaccinated employees, which employers… Read More

There is a nationwide employment law trend pushing for employers to classify workers as employees and not independent contractors. Misclassification of workers as independent contractors when they really should be employees comes with stiff penalties, such as monetary fines, lawsuits, and legal fees. Recent Virginia Laws Target Misclassification of Workers  Virginia enacted multiple recent employment laws targeting employers that misclassify… Read More

Article At A Glance: - What is the impact of the United States Merit Systems Protection Board’s (MSPB) lack of a quorum for over four years? - Federal employees who receive an adverse action decision—including removal, demotion, and suspension of greater than 14 days—can appeal the decision to the United States Merit Systems Protection Board (MSPB). -The MSPB has lacked… Read More

Article At A Glance: On July 1, 2021, Virginia legalized recreational marijuana. Virginia employers can still require drug testing for jobs where there is a business necessity, or if there is a workplace injury. Industries and roles that will likely continue to have commonplace drug testing and policies are government contractors, government workers, security, certain health care jobs, and construction.… Read More

Article At A Glance: How does President Biden’s new executive order affect employers?  The Executive Order on Promoting Competition in the American Economy, issued July 9, 2021, encourages the FTC to ban or limit noncompete agreements, which prohibit workers from working for a rival company for a specified time period usually 1-2 years. The order encourages the FTC to ban… Read More

Lipp Law Attorney Sarah Mugmon sat down with WUSA9 to discuss why Virginia employers may still test for weed and what you should do if you come face-to-face with a positive test. From the article:  "Mugmon has had a handful of cases from clients facing a similar situation through the years, although she has seen fewer recently as weed has… Read More

Are You Going Through the US Federal Government Security Clearance Process? This Lipp Law Article Covers the Security Clearance Application Process, and How a Lawyer Can Assist You. This Article Also Details the Appeal Process For When Your Security Clearance Application is Denied. Security Clearance Application, Background Investigation, and Appeal Processes Article at a Glance To get a security clearance,… Read More

Were you overpaid unemployment benefits in Virginia? If yes, you may qualify for a recent Virginia Employment Commission waiver process. Below is a breakdown of everything you need to know about the VEC's overpayment waiver process. Virginia Employment Law Bill Virginia passed a bill— (HB 2040)—requiring the Virginia Employment Commission (VEC) to create a process for individuals who were overpaid… Read More

Article At A Glance: An employee may have a workers’ compensation claim for adverse reactions to an employer-mandated vaccine. An employer may have increased workers’ compensation liability if the vaccine is provided by the employer, given at the workplace, or made available during work hours. Should employers require their employees to get the COVID-19 vaccine? This is a decision varying… Read More

Termination of employment in the United States can be a complex process, especially if you are not familiar with the legal landscape. There are three key things to keep in mind when terminating an employee: address the employee with respect, make it a brief 2-way conversation, and have proper documentation which follows state and federal laws. Use Kindness and Respect Disrespected… Read More