Employer May Be Liable for Defamation for Making Statements to Former Employee’s New Employer

In a recent case, the Eastern District of Virginia found an employer may be liable for defamation after making allegedly false statements to a former employee’s new employer. The employer stated the employee was fired for insubordination, was a disgruntled former employee, and might sabotage their products. The employee claimed the statements were false and
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The Importance of Employers Having Enforceable Written Commission & Bonus Plans

A recent case filed in the Western District of Virginia highlights the importance of employers creating written commission and bonus plans for applicable employees. Additionally, these plans need to be carefully drafted to ensure they are enforceable. In Morris v. Taylor Communications Secure & Customer Solutions, Inc., the court found that although there was a
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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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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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