LABOR AND EMPLOYMENT LAW COUNSEL FOR DC AREA BUSINESSES AND BEYOND
At General Counsel, P.C., our attorneys have extensive experience in representing a wide range of local, regional and national companies. We are particularly sensitive to the needs of government contractors and emerging growth businesses. We strive to be your company’s best asset by assisting your company in instituting preventative policies and procedures from Day One of your company. Our knowledgeable lawyers provide comprehensive legal advice through all aspects of labor and employment law as it relates to your company.

Mandatory COVID-19 Vaccination Policy Upheld by Texas Federal Court

Employers can mandate Covid-19 Vaccination for Employees
In a recent case, a Texas federal District Court upheld an employer’s COVID-19 vaccine mandate. There, employees of a Texas hospital sued the hospital, claiming the policy violated Texas public policy and federal law, and that termination of employees who refused to get the vaccine would constitute wrongful termination. The court dismissed the employees’ case,
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Ask General Counsel: How to protect your business from divorce?

Published by Ask General Counsel on InsideNova, 5/26/2021 In this edition of Ask General Counsel, we are discussing an issue that far too often impacts business owners – the potential devastating impact of divorce and, most importantly, preventative measures that all businesses should implement to protect their business. The best way to ensure smooth corporate
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Ask General Counsel: What’s the difference between a 1099 contractor and a W-2 employee?

Published by Ask General Counsel on InsideNova, 5/12/2021 The distinction between a 1099 independent contractor and a W-2 employee is important, as this classification affects federal income tax, Social Security and Medicare taxes, as well as impacts eligibility for Medicare benefits. It is important that business owners correctly determine whether individuals are employees or self-employed. If a
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Virginia Supreme Court Offers Additional Guidance on Defamation Standard

In Bryant-Shannon v. Hampton Roads Community Actions Program, Inc., the Virginia Supreme Court provided additional guidance on the requisite “sting” needed for a statement to be defamatory. The case lays out when a statement is “actionable” and provides examples of statements made in the workplace the court previously determined were not defamatory, because they didn’t
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Ask General Counsel: Are non-compete agreements enforceable in Virginia?

Changes to laws regarding non-compete agreements
Published by Ask General Counsel on InsideNova, 4/28/2021 A well-drafted non-compete agreement can be enforceable. The problem is that many non-compete agreements are not “well drafted” and, as such, are not enforceable. On a weekly basis, we receive calls from employers and employees asking about the enforceability of non-competition agreements. Our answer, generally, is YES,
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Employer May Be Liable for Defamation for Making Statements to Former Employee’s New Employer

In a recent case, the Eastern District of Virginia found an employer may be liable for defamation after making allegedly false statements to a former employee’s new employer. The employer stated the employee was fired for insubordination, was a disgruntled former employee, and might sabotage their products. The employee claimed the statements were false and
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The Importance of Employers Having Enforceable Written Commission & Bonus Plans

A recent case filed in the Western District of Virginia highlights the importance of employers creating written commission and bonus plans for applicable employees. Additionally, these plans need to be carefully drafted to ensure they are enforceable. In Morris v. Taylor Communications Secure & Customer Solutions, Inc., the court found that although there was a
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Employers: COVID-19 Rules adopted by Safety and Health Codes Board became effective January 27, 2021

Virginia-Permanent-Covid-Health-and-Safety-Announcement
In the absence of a federal standard, Virginia took action last year to create the nation’s first emergency temporary workplace safety and health requirements in response to the COVID-19 pandemic. Effective January 27, 2021, Virginia Governor Ralph Northam released Virginia’s a permanent standard replacing the temporary standard which has been in place since July 2020. The Permanent Standard has
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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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Department of Labor Clarifies Test for Classifying Employees and Independent Contractors under FLSA

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
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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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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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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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Covid-19 Back To Work – A Complimentary Employment Law Series Update

Covid-19 Employment Law Webinar
General Counsel, P.C. Covid-19 Back To Work Complimentary Employment Law 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 clarifies and provides guidance to employers. We have
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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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