VA attorney helps to make sense of complex regulations, advising employers with practices to adapt responsibly

#1 RECLASSIFYING INDEPENDENT CONTRACTORS
First, a series of four new laws will reclassify all of Virginia’s independent contractors as employees, and will place the burden of proof on employers to prove that a contractor is not an employee. This creates a complex puzzle of new tax issues for corporate CPAs and HR managers to navigate. The first three of these reclassification laws go into effect on July 1, 2020, while the fourth — which allows the Department of Taxation to seek back taxes against employers who have misclassified their workers — has been delayed to January 1, 2021.

#2 VIRGINIA VALUES ACT
Second, the Virginia Values Act goes into effect on July 1, 2020. This law makes it easier for employees to prove they were terminated for discriminatory reasons, including gender identity. The law also raises Virginia’s cap on punitive damages for discriminatory termination to $350,000, which is even higher than the damage limits currently set under federal law.
As a labor law expert who specializes in helping employers make simple sense of complex regulations, Karen is available to explain how these new laws work, what their potential impact could be for Virginia businesses, and ways for employers to factor these new laws into responsible and adaptive business practices.

ABOUT KAREN S. ELLIOTT
As a Richmond-based labor and employment lawyer with the law firm of Eckert Seamans Cherin & Mellott, Karen Elliott helps clients navigate the alphabet soup of the 40 or more employment laws from the ADA, FMLA, GINA, OSHA to USERRA, and the myriad federal agencies such as DOL, EEOC, and NLRB. Because Karen is a trial lawyer, she understands the complexities involved in going to court, and helps clients work to resolve issues before they become legal issues. But as an experienced trial lawyer, she also knows how to navigate agency investigations as well as courtroom drama. Karen empathizes with businesses facing difficult employment issues, and she understands that the legal answer is not always the practical business solution.

Karen S. Elliott has been recognized with an AV® Preeminent™ peer rating from Martindale Hubbell, which is the organization's highest level rating for professional excellence for both ethical standards and legal experience, as well as being honored for inclusion in Virginia Business magazine’s “Legal Elite" and in Best Lawyers in America for Employment Law.
https://www.eckertseamans.com/our-people/karen-s-elliott