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Virginia Governor Executive Order
On January 13, 2021, the Virginia Safety and Health Codes Board approved a Permanent Standard on COVID-19 that will require ALL VIRGINIA EMPLOYERS to implement workplace policies and procedures to protect their employees and customers.  This standard is meant to replace and supersede the Temporary Standard enacted last summer. The final draft of the Permanent
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.
The line between employee and independent contractor has historically been unclear. However, on January 6, the Department of Labor (DOL) provided clarification on the test for employee versus independent contractor under the Fair Labor Standards Act (FLSA). The “final rule” streamlines and clarifies the test and should “reduce worker misclassification, reduce litigation, increase efficiency, and
Payroll Protection Program Round 2 Eligibility Requirements
Congress recently passed a $900 billion COVID-19 relief bill, the Consolidated Appropriations Act, 2021, which included funds for another round of the Paycheck Protection Program (PPP). The new round of PPP is similar to the first round, but the bill includes some important differences. These new PPP loans will be available through March 31, 2021.
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
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
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
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
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
First Generation Law Student Scholarship
Remembering the Past, Building the Future McLean, VA. —General Counsel, P.C., one of Northern Virginia’s top business law firms, announced the 2020 recipients of the firm’s third annual First Generation Law Student Scholarship. The scholarship is open to high-achieving 2nd year law students who are the first in their family to attend law school. The 2020 winners are Christopher
General Counsel, P.C. is pleased to formally announce the addition of a White Collar Defense, Investigations, and Compliance Practice lead by Samer Korkor. Samer Korkor, the lead defense attorney in our White Collar, Investigations, and Compliance practice group, has experience on the private and government sides of investigations and prosecutions. In addition to his years of private practice,
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
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”
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
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
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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