Employers Should Have A COVID-19 Vaccine Policy

Now that COVID-19 vaccines are becoming available, employers may be considering whether or not to ask, or even require, employees to be vaccinated. It’s important for employers to consider what makes the most sense for their business, based on contact with the public, level of risk, and other factors, and then institute a clear policy.
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Client Alert: EEOC Guidance regarding COVID Vaccine

With the availability of the COVID-19 vaccinations, questions may arise regarding employer and employee rights surrounding these vaccinations and the applicability of various employment laws. The Equal Employment Opportunity Commission (“EEOC”) issued new guidance that preemptively answers some questions that may arise now that COVID-19 vaccinations are beginning to be administered.  Relevant portions of the
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Fourth Circuit Finds in Favor of Employer in ADA Case: Employee Couldn’t Perform Essential Functions of Job With Reasonable Accommodation

In a recent case, the Fourth Circuit found an employee was not able to establish that he could perform the essential functions of his job under the Americans with Disabilities Act. The court ruled in favor of the employer after finding the company “extended reasonable accommodations” acting at every stage to ensure that the employee’s
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6 Reasons Business Owners should NOT serve as the Registered Agent for their Business.

Businesses in Virginia are required to have a registered office and registered agent.  Many business owners serve as the registered agent and use their home as the registered office.  That may be a bad idea.  You should consider using General Counsel, P.C.    Here are Six Reasons Why     #1. Safety The registered office is
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Business Break-Ups Can Be Complicated – Valuation of Corporate Shares

Business Break-Ups or Business Divorces occur when business owners can no longer agree on operations or future of a company.  As we wrote in this article, What Should I Consider During a Business Divorce, messy (and expensive) business break-ups can be minimized or avoided by careful planning. In a recent case, the plaintiff shareholder filed
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Top Five Reasons Virginia Employers Need to Review/Update Their Restrictive Covenant Agreements

Recent changes in employment law and changes to the economy and workplace in general, due to the coronavirus pandemic, may require some employers to update their employment agreements and restricted covenant agreements. Discussed below are the top five reasons employers may wish to review and update their restrictive covenant agreements. #1. No longer applicable to
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Eastern District of Virginia Finds Evidence of Age Discrimination After Forcing Employee to Resign Following Derogatory Age-Related Comments

Age Discrimination
In a recent case, the Eastern District of Virginia found evidence of age discrimination by an employer after an employee was forced to resign following age-related comments. Although the plaintiff here had multiple examples of unprofessional conduct that could have constituted a legitimate basis for termination, the employer did not take an adverse employment action
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Fourth Circuit Dismisses Race Discrimination Case, but Finds Potential Retaliation

Firing as possible retaliation
In a recent case, the Federal Fourth Circuit Court of Appeals dismissed a claim of racial discrimination, but found that there may be sufficient evidence of retaliatory termination. When the plaintiff was terminated two weeks after speaking with her employer about discriminatory conduct, the court determined that the time frame constituted a “close temporal proximity”
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Working Foremen: FLSA Exempt or Not

Foreman and worker - Exemption
Many businesses often have “working foremen.”  These are individuals who often have dual responsibilities.  They may work along side other workers, but they may also have customer oversight and/or management responsibilities.  So, the question arises should they be paid as exempt (salary) or non-exempt (hourly) employees.  Improper classification can result in lawsuits and, potentially, significant
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Virginia Court Orders Defendant to Pay Fees After Deleting Evidence

Defendant loses court case
In a recent case, the Fairfax County Circuit Court ordered the defendant to pay over $140,000 in costs and attorneys’ fees after deleting evidence. There, a dentist sued a fellow dentist for defamation and the defendant deleted digital data related to the defamation. The court held that the defendant engaged in “reckless” spoilation of evidence
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Virginia COVID 19 Standard with VOSH Program Manager, Tracy Michaud (Virginia Occupational Safety and Health Program)

Covid 19 Employer Saftey Requirements with Virginia Occupational Safety & Health Program Manager Tracy Michaud
Join Tracy Michaud, Consultation Program Manager with Virginia Occupational Safety and Health (VOSH), and host, Merritt Green, with the law firm General Counsel, P.C., for discussion of Virginia’s Emergency Temporary Standard for COVID-19 Pandemic. Ms. Michaud and Mr. Green will discuss: 1. Overview of VOSH Emergency Temporary Standard 2. VOSH Response (including enforcement actions) 3.
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COVID 19 Business Leaders Survive and Thrive Webinar 10 29 2020

General Counsel Recorded Webinar
Hear business leaders discuss how they are surviving and thriving through the Covid-19 pandemic. Covid-19 has forced businesses to change and adapt. Business leaders will discuss lessons helping them and their clients survive and thrive. Hosted by Merritt Green with the law firm General Counsel, P.C., speakers include: Mark Stevenson, Founder/CEO, SmartHR; Russell Rowzie, President,
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Leesburg Man Arrested for $2.5M CARES Act Loan Fraud

Leesburg man arrested for $2.5M CARES Act Loan Fraud
In an October 20, 2020 Press Release, the Department of Justice announced that Didier Kindambu, was arrested on charges of fraudulently obtaining over $2.5 million in loans through the CARES Act Paycheck Protection Program (PPP) for his businesses Papillon Air, Inc. and Papillon Holdings.  It is alleged that Kindambu created fraudulent payroll documentation and submitted
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Do you need mask signs for your business? Here are a few.

Covid-19 Workplace Sign for Virginia
Download and print any of these signs for your business. Wear-a-Mask-Posters Media Shareable- You May Not Know You’re Sick Media Shareable- Show The World You Care Media Shareable- Make Sure They Fit Media Shareable-It’s Easy to Make Your Own Media Shareable-Protect Us All Media Shareable-It Can Save Lives Media Shareable-Stay Home As Much As You
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COVID-19 Closed Virginia Occupational Safety and Health (VOSH) Cases (9/1-10/20)

Covid-19 Cases Virginia Occupational, Safety, Health (VOSH) as of 10-21-2020
  Download this document summarizing the Covid-19 Cases Closed by Virginia Occupational Safety and Health Administration as of October 20, 2020.Covid-19 Cases Closed by Virginia Occupational Safety and Health Administration as of October 20, 2020.
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Politics in the Workplace: Employer and Employee Rights

Politics in the workplace
With an election quickly approaching, employers may be wondering how much political talk amongst employees they should allow. Such discussions may distract workers from completing tasks as well as create or increase tension or discord between coworkers. Moreover, many issues discussed during campaigning involve topics that are protected under various statutes. For example, many political
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Virginia Court Grants Injunctive Relief in Case of Financial Advisor Non-Solicitation Agreement: Is Your Employment Agreement Right for Your Business?

Former employee violating non-solicitation agreement
In a recent case, the Western District of Virginia found in favor of the employer plaintiff, granting a motion for injunctive relief enjoining the defendant’s prior employee from soliciting clients in violation of a non-solicitation agreement. There, the court found the employer was likely to succeed on the merits of the underlying breach of contract
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Back To Work – A Complimentary Employment Law Series Part 3

Virginia Emrgency Covid-19 Mandatory Standard for Employers
General Counsel, P.C. Back To Work Complimentary Employment Law Part Three As employers gradually reopen, have employees return to the workplace, or simply continue to struggle through remote working, there is tremendous confusion as to the rights and responsibilities of employers and employees.  The Back to Work Webinar Series will hopefully clarify and provide guidance to employers.
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Investors’ Claims against LLC Founders Fail for Lack of Standing and Improperly Identifying Parties

fraud, statutory business conspiracy
Johnson v. Bella Gravida, LLC Jason Wilson and Christa Evans (“Defendants”) cofounded a clothing company, Bella Gravida, LLC, of which Evans was also the CEO and manager. Bella Gravida was marketed as a monthly subscription service for maternity clothing. In 2015, Stephen and Ann Johnson (“Plaintiffs”) signed a Membership Unit Purchase Agreement (“Agreement”), exchanging $30,000
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D.C. Employment Law Updates – August 2020

Washington DC Employment Law Update
On August 31, 2020, the District of Columbia passed Act 23-407. This new law amended parts of the Tipped Wage Workers Fairness Amendment Act of 2018, passed October 23, 2018.  Under Act 23-407, within 120 days of the effective day of the Act, the mayor must provide to employers a poster informing employees of certain
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