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Tag: Employee

Department of Labor Clarifies Test for Classifying Employees and Independent Contractors under FLSA

Thursday, 07 January 2021 by Merritt Green
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
Department of LaborDOLEmployeeFLSAIndependent ContractorMarch 2021
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  • Published in Employment, Labor & Employment, News
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Employee Must Meet Employer’s Legitimate Expectations to Establish Case of Employment Discrimination

Wednesday, 12 February 2020 by Merritt Green
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
EmployeeEmployerEmployment DiscriminationLegitimate ExpectationsPrima Facie
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  • Published in Business, Employment, Labor & Employment
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Western District of Virginia Finds Employee Diagnosed With Cancer “Disabled” Under the ADA

Monday, 10 February 2020 by Merritt Green
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
ADACancerDisabledEligibleEmployeeModified Work ScheduleWestern District of Virginia
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  • Published in Business, Employment, News
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It May Be Time to Update Your Workplace Social Media Policy…

Tuesday, 12 November 2019 by Merritt Green
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
EmployeeEmployerEmploymentHandbookPolicySocial Media
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  • Published in Business, Employment, News
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Employer Not Required to Make Safety Exemptions for Employee in ADA Case

Monday, 07 October 2019 by Merritt Green
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
ADAEmployeeEmployerNot RequiredSafety Exemptions
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  • Published in Employment, Labor & Employment, Litigation, News
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Are you Asking job Candidates Illegal Questions During an Interview?

Monday, 07 October 2019 by Merritt Green
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
AvoidCandidateEmployeeEmployerIllegalInterviewInterview QuestionsLiabilityTips
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  • Published in Employment, Labor & Employment, Litigation, News
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DOL Overtime Update Client Alert

Wednesday, 25 September 2019 by Merritt Green
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
AlertEmployeeOvertimeSalary IncreaseUpdate
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  • Published in Employment, Labor & Employment, News
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Employer Needs Legitimate, Non-Discriminatory Grounds for Termination

Wednesday, 25 September 2019 by Merritt Green
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
discriminationEmployeeEmployerLitigationTermination
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  • Published in Employment, Labor & Employment, Litigation, News
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