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Announcing New Ownership

We are please to announce that ownership of General Counsel, PC has transitioned to Heba K. Carter, Esq. effective April 24, 2024. We are confident that this change will bring new perspective and opportunities while upholding the same performance and representation that you have come to expect from us. Rest assured that our commitment to

EEOC Announces New Strategic Enforcement Plans

The Equal Employment Opportunity Commission (EEOC) has announced its strategic enforcement plans for the next four fiscal years. The EEOC regularly issues strategic plans to focus and coordinate its work over a multiple-year time frame to guide the EEOC and agency activities, such as public outreach and education. In drafting the 2024-2028 plans, the EEOC

Are a Child’s Preferences Enough to Modify a Custody Agreement in Virginia?

The Fairfax County Circuit Court considered a case asking the Court to modify an existing custody agreement based solely on the children’s preference to split time more equally between parents. This was a matter of first impression for the Court, and Judge Bernhard declined to recognize a child’s preference as the basis for a material

General Counsel, P.C. Secures Dismissal of COVID-19 Discrimination Lawsuit for Client

The U.S. District Court for the Eastern District of Virginia dismissed a former employee’s lawsuit claiming employment discrimination against her former employer. The case originated during the COVID-19 Pandemic, when the employer, a government contractor, implemented a COVID-19 vaccination policy to safeguard its workforce. The Plaintiff, an employee at the time, applied for a religious

SEC Rules Separation Agreements Cannot Restrict a Departing Employee’s Right to Engage with a Governmental Agency

On September 8, 2023, the Securities Exchange Commission (“SEC”) issued an order declaring that an employer’s separation agreement with a departing employee cannot restrict the departing employee’s right to (1) communicate with governmental agencies, (2) provide information to governmental agencies, or (3) receive an incentive award for communicating or providing such information. Generally, a separation

Zettervall v. Leidos: Employment Lawsuit Dismissed for Failure to File Timely EEOC Charge

A recent Eastern District of Virginia case, Zettervall v. Leidos, serves as a cautionary tale against representing yourself in an employment dispute. Matthew Zettervall sued his employer, Leidos, for religious discrimination under Title VII and disability discrimination under the Americans with Disabilities Act (“ADA”). Mr. Zettervall filed his complaint against Leidos pro se (without an

Does an ADA Failure to Accommodate Claim Require an Adverse Employment Action? In DC, MD, and VA an Adverse Employment Action is Not Required.

The Eleventh Circuit’s Decision in Beasly v. O’Reilly Auto Parts In Beasely v. O’Reilly Auto Parts the Eleventh Circuit Federal Court of Appeals held that an employee must have suffered an adverse employment action to bring a lawsuit for failure to accommodate under the Americans with Disabilities Act (“ADA”). Beasley v. O’Reilly Auto Parts, 69

NLRB Closes the Curtain on Opera Independent Contractors

A recent ruling from the National Labor Relations Board (“NLRB”) provides further grounds for employers to carefully consider how they classify their workers as employees or independent contractors. In this matter, a group of makeup artists, wig artists, and hairstylists working for the Atlanta Opera petitioned the NRLB to grant them union representation, a benefit

Understanding the ADEA and ADA as an Employer

Federal law prohibits employers from discriminating against employees based on both age and disability. If you are subject to an employment discrimination lawsuit or are worried about becoming subject to an employment discrimination lawsuit, this will outline the federal court’s interpretation of both the ADEA and ADA and guide how to protect yourself from potential

What to Consider (and Avoid) When Planning to Leave Your Company

Understanding any post-employment contractual restrictions you may have is the key to leaving your current employment and working for a competitor or other company. Some non-compete and non-solicitation provisions are written broadly, to prevent an employee from working for a competitor in any capacity for the specified amount of time. In Virginia, these provisions are

Service-Disabled Veteran-Owned Small Business

The Service-Disabled Veteran-Owned Small Business (SDVOSB) designation offers companies improved prime and subcontracting opportunities. Certain contracts are set aside for SDVOSB’s. The Small Business Association (SBA) initially determines the eligibility of any business applying for SDVOSB status. A Service-Disabled Veteran is a person who served in the active military, naval, or air service, who was

New York bill could Ban Non-Compete Agreements

Currently, only California, Oklahoma, and North Dakota ban non-compete employment agreements. However, in recent years, non-compete agreements are facing great legislative and judicial scrutiny. On June 20, 2023, New York’s State Assembly passed Bill A1278B which would be the broadest state ban yet, prohibiting all non-compete agreements regardless of salary. The breadth of the legislation

Are Retirement Accounts Classified as Marital or Separate Property?

Often, one of the largest assets married couples own are retirement accounts. As a result, these retirement accounts can become the focus of divorce proceedings if the parties seek court-ordered equitable distribution. In July, the Virginia Court of Appeals answered this question, ruling that a husband’s IRA retirement account was to be considered marital property

How Courts Weigh a Parent Living Out-of-State When Determining Custody of a Minor Child?

Custody disputes commonly follow marital divorce proceedings. In determining custody, Virginia courts implement a best interests of the child analysis, pursuant to Virginia Code § 20-124.3. Recently, the Court of Appeals of Virginia was asked to decide whether living-out-of-state was in the best interest of the child, if the prospective custodial parent already lives out

FLSA Exemptions, and the Risks of Misclassification

A recent case highlights the importance of consulting an attorney when classifying an employee as exempt under the FLSA. First, an employment attorney will help a company determine what positions are properly exempt, and second, consulting an attorney is a showing of good faith which helps avoid liquidated damages. Total Quality Logistics (“TQL”) provides logistics

Fleming v. Bayou Steel: Parent, Holding Company, Private Equity Liability under the WARN Act.

A recent Fifth Circuit case highlights an employer’s obligation to give employees notice of mass layoff or plant closure under the Worker Adjustment and Retraining Notification Act. Fleming v. Bayou Steel BD Holdings, 83 F.4th 278 (5th Cir. 2023). The case also sets forth the test used to determine if a parent company may be
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