Caregiving Leave Expanded
In Loco Parentis FMLA Leave – Expansive Interpretation With children heading back to school where mono and other serious illnesses may be transmitted more readily, employee requests for Family and...
View ArticleDisparate I-9 Documentation Process Can Result in Civil Penalties
A recent six-figure settlement by an employer with the federal government serves as a reminder of the care employers must take when complying with the federal immigration laws. Catholic Healthcare...
View ArticleDon’t Let Your Internship Turn Into A Black Swan
With over two years of recession, jobs have been closed for many, particularly new college graduates. Many of these eager graduates are willing to work for nothing “Just to get the experience.”...
View ArticleSupervisors Could Be Personally Liable for Leave Interference
In a case decided in late August, Weth v O’Leary, a federal court in Virginia sent a wake-up call to all public employer supervisors when it held that the Treasurer of Arlington County could be held...
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Two New Employer Requirements!
NLRA Poster. No later than April 30, 2012, most private sector employers will be required to post a notice advising employees of their rights under the National Labor Relations Act (NLRA). The notice,...
View ArticleTo Post or Not to Post: NLRB Posting Delayed
Today, the U.S. Court of Appeals for the District of Columbia issued a temporary injunction against the National Labor Relations Board’s enforcement of its new rule requiring private employers to post...
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$60 Million and Counting – Lessons from Penn State
On July 23, the NCAA imposed severe monetary and participation sanctions on the Penn State football program with the purpose of bringing about a cultural change at the school. Penn State hit with...
View ArticleSupervisors and Managers May Be Personally Liable for Wrongful Discharge
In a case of first impression, the Supreme Court of Virginia declared on November 1, 2012, that a supervisor can be personally liable when the supervisor participates in the wrongful discharge of an...
View ArticleConducting Workplace Investigations
Recently, when advising a client who was investigating a complaint of sexual harassment, I had the opportunity to revisit the EEOC’s Enforcement Guidance: Vicarious Employer Liability for Unlawful...
View ArticleVirginia Significantly Raises Worker Misclassification Fines
Worker misclassification remains a number one target area for both state and federal review. On July 1, 2014, the Virginia Workers Compensation Act (the “VWCA”) significantly increased the civil...
View ArticleVirginia Dept. of Health offers Ebola advice for employers
Many employers, particularly health care facilities, are concerned about the spread of Ebola through workplace contact(s). There has been very little guidance until today. The following link will...
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Another Exception to Employment At-Will
Virginia is known as a stalwart adherent to the doctrine of employment at-will. The courts in Virginia have long recognized that the employment relationship is for an indefinite term and may be...
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