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.

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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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 Enacts Ban the Box legislation for Marijuana Possession

Virginia Marijuana Possession Legislation
On May 21, 2020, Governor Ralph Northam signed a bill decriminalizing simple possession of marijuana under Virginia law. Under the new legislation, it is still unlawful to possess marijuana, with medical exceptions, but possession will now result in a civil penalty of no more than $25. Simple possession of marijuana will no longer lead to
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Families First Coronavirus Response Act (FFCRA) – Employer Notice 3/27/2020

Families First Coronavirus Response Act FFRCA
The Wage and Hour Division of the Department of Labor (DOL) has released the required notification poster for the recently-enacted Families First Coronavirus Response Act (FFCRA).  As described here, the FFCRA required covered employers – which is all employers with 1 to 499 employees, to provide two different forms of paid leave to employees who
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Emergency Family and Medical Leave Expansion Act

USDOL Family & Medial Leave Act Extension
Changes to federal law in light of the COVID-19 situation have created new obligations for many employers.  This alert summarizes the new obligations for employers.  The obligations, however, will be different for each employer and even each employee, so it is important to get more specific guidance about what your business may be required to
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Coronavirus-Related Employment Guidance

Employment impact of Coronavirus
The COVID-19 situation in the United States is complex and rapidly changing, which means that guidance to employers also changes rapidly.  This alert provides broad-based advice to employers.  If you have specific questions based on your business or your employees, please reach out for more specific guidance. Federal law requires employers to provide a “safe workplace” for employees but
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Client Alert for Virginia Employers: Virginia Bans Discrimination on the Basis of Hairstyles

On March 3, 2020, Governor Ralph Northam signed HB 1514 into law, which amends the Virginia Human Rights Act. The Virginia Human Rights Act prohibits discrimination “on the basis of race.” HB 1514 adds to that and explains that “on the basis of race” includes “on the basis of traits historically associated with race, including
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Client Alert for Maryland Employers: “Ban the Box” Veto Overridden

Maryland On January 30, 2020, the Maryland General Assembly voted to override Governor Larry Hogan’s veto of the “Act Concerning Record Screening Practices (Ban the Box).” Under the Act, employers with 15 or more full-time employees are prohibited from requiring an applicant “to disclose whether the applicant has a criminal record or has had criminal
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Fairfax Circuit Court Finds For Employees, Holding Non-Compete Overly Broad And Unenforceable

Defendant loses court case
In a recent case, the Fairfax Circuit Court in Virginia found in favor of the defendant employees, holding that a previous employer’s non-competition and non-solicitation provisions were unenforceable. There, the non-compete and non-solicitation clauses were not limited in scope, but instead prohibited conduct “wholly unrelated” to the employer’s legitimate business needs. Since the court found
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Client Alert for D.C. Employers: Updates to Universal Paid Leave Act (UPLA)

District of Columbia Under the District of Columbia’s Universal Paid Leave Amendment Act of 2016 (UPLA) some changes to employee’s paid leave benefits are going to take effect in July 2020. Under UPLA, covered employees will receive paid time off for: (1) parental leave to bond with a new child (up to 8 weeks in
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Employee Must Meet Employer’s Legitimate Expectations to Establish Case of Employment Discrimination

In two recent cases, the Eastern District of Virginia found that the plaintiffs weren’t able to establish claims of discrimination, because they weren’t able to establish that they met employers’ legitimate expectations at the time of the adverse employment action. These cases can offer helpful guidance for employers. Employment Discrimination—Disparate Treatment Title VII of the
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Eastern District of Virginia Finds in Favor of Employer When Employee Claimed Racial Discrimination and Then Voluntary Resigned

  In a recent case, the Court found there wasn’t sufficient evidence of employment discrimination or hostile work environment, where the employee’s claims were based on a single incident of conduct by a co-worker and the employer took swift corrective action. The Court also offered additional guidance on when a voluntary resignation may be considered
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Court Finds for Employer in Race Discrimination Case

In a recent case, Brown v. Akima, LLC, the federal court for the Eastern District of Virginia found for an employer when an employee filed claims of race discrimination, retaliation, and hostile work environment. While this case was decided on a particular set of facts, the ruling may offer guidance to other employers. The Facts
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Front Pay, Back Pay and other Damages in Retaliation Case

Arbas v. PhyAmerica Government Services, Inc., U.S. District Court, Eastern Dist. Va, April 2019. The Facts Catherine Arbas was employed as an art therapist by PhyAmerica Government Services, Inc. and contracted to work at the Womak Army Medical Center for the United States Department of the Army. On October 30, 2016, Arbas informed her direct
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Employer Not Required to Make Safety Exemptions for Employee in ADA Case

In a recent case, the federal court for the Western District of Virginia answered the question of whether an employer must exempt an employee from a requirement to wear safety equipment because she has a physical condition that prevents her from wearing the safety equipment. The court ultimately concluded that the Americans with Disabilities Act
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