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David Constine

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David Constine is a partner in Troutman Pepper’s Labor and Employment practice. David’s practice encompasses litigation and counseling relating to Title VII, ADEA, ADA, Executive Order 11246, FLSA, ERISA, and all federal and state employment laws, including litigation and counseling related to personnel manuals, employment contracts, employee benefits, non-competition agreements, whistleblowers, trade secret protections, and other personnel matters.

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Q: What are the key highlights of Maryland’s new law providing paid family and medical leave to employees?

A. Maryland has now joined a minority of states obligating employers to contribute to a program providing paid family and medical leave to its workforce. Beginning on October 1, 2023, businesses with 15 or more employees will be required to contribute to the Family Medical Leave Insurance (FAMLI) Program, with the goal of making benefits available to eligible employees through the Maryland Department of Labor by January 1, 2024.Continue Reading Maryland Legislature Passes the Time to Care Act, Overriding Governor’s Veto

On July 27, 2020, the Virginia Department of Labor and Industry (DOLI) adopted a first-of-its-kind statewide regulation mandating all employers adopt varying levels of safeguards to combat the COVID-19 pandemic. In this advisory, we will address a number of the compliance questions employers face regarding the Virginia Occupational Safety and Health (VOSH) Emergency Temporary Standard (ETS) and outline the rule’s more prominent features. While in many respects the ETS adopts existing CDC/OSHA guidance and Governor Northam’s executive orders, there are important distinctions. The ETS is more than 40 pages, but we will address its core provisions, which require employers to engage in the following:
Continue Reading Virginia Issues New COVID-19 Occupational Health and Safety Rules

It is hard to overstate the significance of the employment law changes going into effect as of July 1, 2020. As Virginia employers presently consider how to return to work following an unprecedented global pandemic, they will soon meet the added challenge of a radically different legal landscape governing employment matters. The affected areas of Virginia employment law are broad, covering wage and hour laws, employee misclassification, LGBTQ rights, employment thresholds for coverage under anti-discrimination laws, and expanded whistleblower protections. Whereas, Virginia was once considered a State where employee rights were extremely narrow, effective July 1, it will have some of the broadest protections available for employees to assert their rights. The following is a summary of the more significant laws going into effect.
Continue Reading Virginia Employers Brace for Seismic Changes in Employment Laws Effective July 1, 2020