Court Finds for Employer in Race Discrimination Case

In a recent case, Brown v. Akima, LLC, the federal court for the Eastern District of Virginia found for an employer when an employee filed claims of race discrimination, retaliation, and hostile work environment. While this case was decided on a particular set of facts, the ruling may offer guidance to other employers. The Facts
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Front Pay, Back Pay and other Damages in Retaliation Case

Arbas v. PhyAmerica Government Services, Inc., U.S. District Court, Eastern Dist. Va, April 2019. The Facts Catherine Arbas was employed as an art therapist by PhyAmerica Government Services, Inc. and contracted to work at the Womak Army Medical Center for the United States Department of the Army. On October 30, 2016, Arbas informed her direct
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Employer Not Required to Make Safety Exemptions for Employee in ADA Case

In a recent case, the federal court for the Western District of Virginia answered the question of whether an employer must exempt an employee from a requirement to wear safety equipment because she has a physical condition that prevents her from wearing the safety equipment. The court ultimately concluded that the Americans with Disabilities Act
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Are you Asking job Candidates Illegal Questions During an Interview?

Here are some tips on what not to ask to avoid a liability. Want to avoid complaints and discrimination allegations flowing from your company or organization’s hiring practices? Then, you need to be very careful in your hiring processes and interview questions. Imagine the scenario where a 55-year-old male applies for a job. During the
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Government Contractor Restrictive Covenant Enforced in Part

Omnisec Int’l Investigations, Inc. et al. v. Slavica Stone, Fairfax Co. Cir. Ct., March 26, 2019 (Judge Richard Gardiner) The Facts Slavica Stone worked for Omniplex (and its subsidiary, Omnisec) from 2003 until 2017. Omniplex conducts security clearance background checks for agencies and performs its work nationwide and overseas. Upon taking the position, Stone signed
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DOL Overtime Update Client Alert

The U.S. Department of Labor recently announced a change to the Fair Labor Standards Act (FLSA) that will make over a million more American workers now eligible for overtime pay. Business owners should be aware of this new rule, which goes into effect on January 1, 2020. The new rule changes the earnings threshold necessary
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Employer Needs Legitimate, Non-Discriminatory Grounds for Termination

In a recent case, Haynes v. Waste Connections Inc., the Fourth Circuit affirmed denial of summary judgment against employer on claims of race discrimination and retaliation. While this case was decided on a particular set of facts, the ruling may offer guidance for other employers and employees. The Facts James Fountain, a white man, hired
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Employer Termination Requirements and Age Discrimination

Fourth Circuit Upholds Age Discrimination Verdict

The Facts In Westmoreland v. TWC Administration, LLC, the Fourth Circuit Court of Appeals, which has federal appellate jurisdiction for Maryland, Virginia, North Carolina, South Carolina, and West Virginia, upheld the jury’s age discrimination verdict for the plaintiff, Glenda Westmoreland. (Case No. 18-1600, May 22, 2019). Glenda Westmoreland worked for Summit Cable, a predecessor of

Company and Company Owner Liable for FLSA Violations – Workers Not Independent Contractors

In a recent case, the Court found workers were improperly classified as independent contractors and entitled to back pay for missing overtime compensation. The court determined that the workers were dependent on the business rather than in business for themselves and, thus, were employees. The Court also found that the owner of the employer business
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Where Would you like to Sue or be Sued?

General Counsel, P.C. (“GCPC”) attorneys practice in three jurisdictions, collectively known as the “DMV” – the District of Columbia, Maryland and Virginia. While similarities exist among the venues, there are distinct differences that might impact where you or your company may prefer to engage in litigation. While GCPC has a strong litigation practice, it also
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