Ask General Counsel: 8 New Year’s resolutions for employers

Published by Ask General Counsel on InsideNova, 12/28/2021 Image from Inside Nova As we approach 2022, all employers should review and update human resources/employment policies and procedures.  This is particularly important with the challenges and changes in employment law during the past two years.  Provided below are eight topics all employers should review. 1. Review
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Virginia Employers: Review and Consider Amending Employment Agreements to Add Duty to Disclose Conflicts

In a recent case, the U.S. District Court for the Western District of Virginia denied the employee’s motion to dismiss and determined that multiple claims could proceed against an employee, including breach of contract, breach of duty of loyalty, and fraud. In this case, the employee and employer entered into an Employment Agreement stating the
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U.S. Supreme Court Holds Employee Who Accessed Work Database for Improper Purpose Did Not Violate CFAA

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
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Ask General Counsel: Does divorce affect my security clearance?

Is your security affected by your divorce?
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
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Ask General Counsel: How to protect your business from divorce?

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
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Ask General Counsel: What’s the difference between a 1099 contractor and a W-2 employee?

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
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Ask General Counsel: Are non-compete agreements enforceable in Virginia?

Changes to laws regarding non-compete agreements
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,
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Ask General Counsel: Can employers require employees to receive COVID-19 vaccinations?

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
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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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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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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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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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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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