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.

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
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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
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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
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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
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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
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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
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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
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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
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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
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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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EEOC Sues United Healthcare Services for Religious Discrimination Against Remote Worker for Refusing COVID Vaccine

The Equal Employment Opportunity Commission (“EEOC’) has filed a lawsuit against United Healthcare Services (“United Healthcare”) alleging that the company violated federal law by refusing to grant religious accommodations to a remote worker. EEOC v. United Healthcare Services, Inc., Case No.2:23-cv-03010-MHW-KAJ. This lawsuit is interesting, in part, because it will apply the heightened burden standard
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New Form I-9 Must Be Used by November 2023 – Major Updates for Remote Verification

Effective August 1, 2023, the United States Citizenship and Immigration Services instituted a new version of Form I-9, the Employment Eligibility Verification Form. Employers who fail to use the updated Form I-9 by November 1, 2023, may be subject to penalties. The new form streamlines the traditional verification process and introduces a new remote verification
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Religious Exemption for Employer COVID-19 Vaccine Mandates

As the next round of COVID-19 booster vaccinations flood the market, so too do employment discrimination suits involving employees seeking exemptions to their employer’s vaccine mandates. Several federal statutes broadly protect employees from discrimination, including Title VII of the Civil Rights Act which protects employees based on race, color, religion, sex, or national origin; and
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To Grant, or not to Grant? How Employers Should Determine Whether an ADA Accommodation Request is Reasonable?

The phrases “Americans with Disabilities Act” (ADA) and “reasonable accommodation” go hand in hand, but the decision of whether or not an accommodation is legally “reasonable” is not so intuitive. As the recent case Hannah v. United Parcel Service (UPS) describes, “an accommodation is not reasonable if it does not ‘enable[] the employee to perform
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Business General Manager Not an “Employer” Under the FLSA?

The Fair Labor Standards Act (FLSA) establishes federal minimum wage and overtime payment requirements. The FLSA broadly protects “employees” and places liability on “employers.” The FLSA allows employees to seek relief not only from their violative company, but also personally from their employers. 29 USC §203. Thus, the distinction of whether someone is an “employer”
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Retaliation and Age Discrimination Lawsuit Dismissed

Federal employment discrimination claims are on the rise across the United States. For an employee to file a successful discrimination lawsuit against their employer, the employee must establish a very regimented, step-by-step claim, especially for retaliation and age discrimination claims. An employee’s claim for age discrimination must satisfy four factors: (1) the employee was 40
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EEOC’s Proposed Rule to Protect Pregnant Workers

On August 11, 2023, the U.S. Equal Employment Opportunity Commission (EEOC) posted a Notice of Proposed Rulemaking to establish the Pregnant Workers Fairness Act (PWFA). This proposed rule would require employers to grant reasonable accommodations to qualified employees with “known limitations” arising out of the employee’s pregnancy or related medical condition. In many respects, the
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Moss v. Saja: Shining New Light on Judicial Interpretation of the Virginia Values Act

The recent case Moss v. Saja has shed light on the administrative process required to bring claims pursuant to the Virginia Values Act and disability discrimination suits in the Commonwealth. The U.S. District Court for the Western District of Virginia heard the case on a motion for summary judgment. Moss, a biracial man with significant
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EEOC Establishes Pregnant Workers Fairness Act – What Employers and Employees Need to Know

On June 27, 2023, the Pregnancy Workers Fairness Act (PWFA) became effective, providing specific protections to ensure that employees experiencing pregnancy, childbirth, or a related medical condition are provided with reasonable accommodations. The Act requires covered employers to provide reasonable accommodations to qualified workers affected by pregnancy, childbirth, or related medical conditions, as long as
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Can You Fire an Employee for Not Being a “Good Fit?”

A recent case from the Fourth Circuit explains that employee “fit” can be a valid basis for termination, but the employer must be able to show legitimate reasons for the termination. In Lashley v. Spartanburg Methodist College, a criminal justice professor at Spartanburg Methodist College (SMC) alleged that her termination and contract nonrenewal were illegal
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