Eastern District of Virginia Finds in Favor of Employer After Employees Acquired and Disclosed Confidential Information to Competitor
Tuesday, 23 November 2021
In a recent case, the U.S. District Court for the Eastern District of Virginia sided with the employer seeking injunctive relief after employees acquired confidential information and disclosed that information to a competitor, causing irreparable harm to the employer. This case should serve as a warning to employees, as well as guidance for employers who
- Published in Business, Labor & Employment
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U.S. Supreme Court Holds Employee Who Accessed Work Database for Improper Purpose Did Not Violate CFAA
Thursday, 05 August 2021
In a recent case, the United States Supreme Court held that a former police sergeant did not violate the Computer Fraud and Abuse Act (“CFAA”) when he accessed a law enforcement database for personal use. As a general matter, the CFAA provides both criminal penalties and a civil cause of action that employers have utilized
- Published in Labor & Employment, News
Ask General Counsel: Does divorce affect my security clearance?
Thursday, 10 June 2021
Published by Ask General Counsel on InsideNova, 6/10/2021 Divorces are often difficult and can be even more complex when one or both spouses have careers requiring security clearance. Naturally, people may worry about finances, children and where to live when thinking about divorce. However, people may not realize that their security clearance could also be
- Published in Ask General Counsel, Divorce, Family Law
Ask General Counsel: How to protect your business from divorce?
Thursday, 27 May 2021
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
- Published in Ask General Counsel, Labor & Employment
Ask General Counsel: What’s the difference between a 1099 contractor and a W-2 employee?
Thursday, 13 May 2021
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
- Published in Ask General Counsel, Labor & Employment
Ask General Counsel: Are non-compete agreements enforceable in Virginia?
Wednesday, 28 April 2021
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,
- Published in Ask General Counsel, Labor & Employment, Non-Compete
Ask General Counsel: Can employers require employees to receive COVID-19 vaccinations?
Friday, 16 April 2021
Published by Ask General Counsel on InsideNova, 4/13/2021 Can employers require employees to receive COVID-19 vaccinations? Yes, with some exceptions and if the mandatory vaccine policy is job-related and consistent with business necessity. 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
- Published in Ask General Counsel, Coronavirus Covid-19
Employee Must Meet Employer’s Legitimate Expectations to Establish Case of Employment Discrimination
Wednesday, 12 February 2020
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
- Published in Business, Labor & Employment
Western District of Virginia Finds Employee Diagnosed With Cancer “Disabled” Under the ADA
Monday, 10 February 2020
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
- Published in Business, Labor & Employment, News
Employer Not Required to Make Safety Exemptions for Employee in ADA Case
Monday, 07 October 2019
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
- Published in Labor & Employment, Litigation, News
Are you Asking job Candidates Illegal Questions During an Interview?
Monday, 07 October 2019
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
- Published in Labor & Employment, Litigation, News
DOL Overtime Update Client Alert
Wednesday, 25 September 2019
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
- Published in Labor & Employment, News
Employer Needs Legitimate, Non-Discriminatory Grounds for Termination
Wednesday, 25 September 2019
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
- Published in Labor & Employment, Litigation, News