FLSA Amended To Require Breast Feeding Breaks

The new 2010 health care law, formally known as the Patient Protection and Affordable Care Act, will affect employers in a variety of ways in the coming years. One provision, which received virtually no attention during the months before passage of the new law, will surprise many employers now. Section 4207 of the new law amends section 7 of the Fair Labor Standards Act (the federal law on minimum wages and overtime entitlement) to mandate now that employers provide “reasonable break time” for a mother to “express breast milk for…

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Will Spear Stick?

In the months following Judge Chamblin’s August 2009 ruling in Spear v. Metropolitan Washington Airports Authority, defense counsel across the Commonwealth jumped on the Spear bandwagon, arguing as the Court ruled in Spear that changes in suits re-filed by a plaintiff after taking a voluntary nonsuit, such as to the ad damnum, create a different action and the plaintiff accordingly loses the benefit of the tolling of the statute of limitations provided by Va. Code § 8.01-229(E)(3). But so far, no other court has followed Spear. Now, the Supreme Court…

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Changes to Virginia Corporation Annual Registration Fees

Beginning July 1, 2010, annual registration payments made by a corporation will be applied first to any previously unpaid annual registration fees and/or penalties and then to currently assessed fees. This change is a result of an amendment to the Code of Virginia. Prior to the amendment, registration fee payments were applied first to currently assessed fees and then to unpaid penalties. As a result, a termination of corporate existence may occur notwithstanding a Virginia corporation’s payment of current registration fees. See the Virginia State Corporation Commission’s website for more…

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