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.

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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Western District of Virginia Finds Employee Diagnosed With Cancer “Disabled” Under the ADA

In a recent case, the court found an employee diagnosed with Stage IV inoperable Adenocarcinoma pancreatic cancer had a disability under the Americans with Disabilities Act (“ADA”). The court further held that the employee was entitled to reasonable accommodations in the form of a modified work schedule to obtain chemotherapy treatment. The court concluded that
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Harsher Penalties Recommended for Employers Who Misclassify Employees as Independent Contractors

The distinction between a 1099 independent contractor and a W-2 employee is an important one, as this classification affects federal income tax, social security and Medicare taxes, as well as impacts eligibility for Medicare benefits. It is critical that business owners correctly determine whether individuals are employees or independent contractors. If a business misclassifies an
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Action Required: D.C. Employers Required to Provide Paid Family Leave Notice to Employees by 2/1/2020

Coronavirus Covid-19 Alert
The U.S. Department of Labor recently announced a change to the Fair Labor Standards Act (FLSA) that will make over a million more American workers now eligible for overtime pay. Business owners should be aware of this new rule, which goes into effect on January 1, 2020. The new rule changes the earnings threshold necessary
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It May Be Time to Update Your Workplace Social Media Policy…

The use of social media has created unique issues for employers and employees. Individuals often choose to use social media as a platform for voicing opinions and concerns, including complaints about issues in the workplace. While many employers would likely choose to just prohibit any negative comments on social media by employees, these types of
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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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Are you Asking job Candidates Illegal Questions During an Interview?

Here are some tips on what not to ask to avoid a liability. Want to avoid complaints and discrimination allegations flowing from your company or organization’s hiring practices? Then, you need to be very careful in your hiring processes and interview questions. Imagine the scenario where a 55-year-old male applies for a job. During the
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Government Contractor Restrictive Covenant Enforced in Part

Omnisec Int’l Investigations, Inc. et al. v. Slavica Stone, Fairfax Co. Cir. Ct., March 26, 2019 (Judge Richard Gardiner) The Facts Slavica Stone worked for Omniplex (and its subsidiary, Omnisec) from 2003 until 2017. Omniplex conducts security clearance background checks for agencies and performs its work nationwide and overseas. Upon taking the position, Stone signed
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DOL Overtime Update Client Alert

The U.S. Department of Labor recently announced a change to the Fair Labor Standards Act (FLSA) that will make over a million more American workers now eligible for overtime pay. Business owners should be aware of this new rule, which goes into effect on January 1, 2020. The new rule changes the earnings threshold necessary
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Employer Needs Legitimate, Non-Discriminatory Grounds for Termination

In a recent case, Haynes v. Waste Connections Inc., the Fourth Circuit affirmed denial of summary judgment against employer on claims of race discrimination and retaliation. While this case was decided on a particular set of facts, the ruling may offer guidance for other employers and employees. The Facts James Fountain, a white man, hired
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Fourth Circuit Upholds Age Discrimination Verdict

Employer Termination Requirements and Age Discrimination
The Facts In Westmoreland v. TWC Administration, LLC, the Fourth Circuit Court of Appeals, which has federal appellate jurisdiction for Maryland, Virginia, North Carolina, South Carolina, and West Virginia, upheld the jury’s age discrimination verdict for the plaintiff, Glenda Westmoreland. (Case No. 18-1600, May 22, 2019). Glenda Westmoreland worked for Summit Cable, a predecessor of
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Company and Company Owner Liable for FLSA Violations – Workers Not Independent Contractors

In a recent case, the Court found workers were improperly classified as independent contractors and entitled to back pay for missing overtime compensation. The court determined that the workers were dependent on the business rather than in business for themselves and, thus, were employees. The Court also found that the owner of the employer business
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Brief Survey of Non-Compete Law impacting East Coast States

Changes to laws regarding non-compete agreements
There has been a recent trend of states moving to limit the application of restrictive covenants, especially post-employment non-compete agreements, on employees.  Within the past year, Maryland, Maine, Massachusetts, and New Hampshire have all passed legislation restricting the enforceability of non-competition agreements against low-wage earning employees.  This is a growing national trend that all attorneys
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TechINT v. Sasnett

Reviewing employment agreement non-compete terms
Preliminary Injunction granted to Govcon for Non-Solicitation Restriction GCPC Practical Counsel:  Restrictive Covenants must be drafted as narrowly as possible and the enforceability depends on the facts of the particular situation.  In this case, prohibition against soliciting clients to provide competing services enforced. TechINT Solutions Group, LLC v. Sasnett, U.S. Dist. Ct, W.D.Va, Harrisonburg Div
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Maryland Employment Alert: Effective October 1, 2019 –Non-Compete Agreements Prohibited for Low Wage Employees

There has been a recent trend of states moving to limit the application of restrictive covenants. Both Virginia and Maryland have recently sought to limit the enforceability of such agreements on low-wage employees. While Virginia failed to pass such legislation, Maryland enacted legislation that limits the enforceability of non-compete agreements on low-wage employees. On May
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Virginia Employment Alert: Effective July 1st, 2019 – New Law Requires Disclosure of Personnel Records. Employer Should Update Employee Handbooks

Currently, Virginia employers have discretion whether to provide employees access to their employment records. However, as of July 1, 2019, an amendment to the Virginia Code will take effect requiring employers to provide copies of certain employment records to employees upon request. Specifically, pursuant to Virginia Code Section 8.01-413.1.B: Every employer shall, upon receipt of
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