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Tag: Employers

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

Tuesday, 04 January 2022 by GCPC
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

Thursday, 05 August 2021 by GCPC
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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  • 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 by GCPC
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
Accessed Work DatabaseCFAAEmployeeEmployersguidanceImplicationsImproper PurposeNo ViolationU.S. Supreme Court
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  • Published in Labor & Employment, News
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Ask General Counsel: Does divorce affect my security clearance?

Thursday, 10 June 2021 by GCPC
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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  • Published in Ask General Counsel, Divorce, Family Law
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Ask General Counsel: How to protect your business from divorce?

Thursday, 27 May 2021 by Merritt Green
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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  • Published in Ask General Counsel, Labor & Employment
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Ask General Counsel: What’s the difference between a 1099 contractor and a W-2 employee?

Thursday, 13 May 2021 by Merritt Green
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
EmployeeEmployersMandatoryRequirementVaccine
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  • Published in Ask General Counsel, Labor & Employment
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Ask General Counsel: Are non-compete agreements enforceable in Virginia?

Wednesday, 28 April 2021 by Merritt Green
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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  • Published in Ask General Counsel, Labor & Employment, Non-Compete
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Ask General Counsel: Can employers require employees to receive COVID-19 vaccinations?

Friday, 16 April 2021 by Merritt Green
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
EmployeeEmployersMandatoryRequirementVaccine
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  • Published in Ask General Counsel, Coronavirus Covid-19
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Employer May Be Liable for Defamation for Making Statements to Former Employee’s New Employer

Thursday, 25 March 2021 by Merritt Green
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
Cautionary TaleDefamationEmployeesEmployersFalse StatementsFormer EmployeeLiable
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  • Published in Labor & Employment
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The Importance of Employers Having Enforceable Written Commission & Bonus Plans

Tuesday, 09 March 2021 by Merritt Green
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
EmployeesEmployersVirginia CaseWritten Bonus PlanWritten Commission Plan
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  • Published in Labor & Employment
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Employers Should Have A COVID-19 Vaccine Policy

Friday, 15 January 2021 by Merritt Green
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.
coronavirusCoronavirus Vaccinecovid-19EmployersPolicyVaccine
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Client Alert for Virginia Employers: Virginia Bans Discrimination on the Basis of Hairstyles

Thursday, 12 March 2020 by Merritt Green
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
4th stateBanClient AlertdiscriminationEmployersHairstylesNewsVirginia
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Client Alert for Maryland Employers: “Ban the Box” Veto Overridden

Thursday, 27 February 2020 by Merritt Green
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
AlertBan the BoxClientEmployersMarylandUPLA
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Client Alert for D.C. Employers: Updates to Universal Paid Leave Act (UPLA)

Monday, 24 February 2020 by Merritt Green
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
AlertBan the BoxClientD.C.EmployersMarylandUPLA
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Harsher Penalties Recommended for Employers Who Misclassify Employees as Independent Contractors

Wednesday, 05 February 2020 by Merritt Green
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
EmployeesEmployersHarsher PenaltiesIndependent ContractorMisclassify
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Action Required: D.C. Employers Required to Provide Paid Family Leave Notice to Employees by 2/1/2020

Thursday, 30 January 2020 by Merritt Green
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
2020ActionD.C.EmployersFebruary 1stNoticePaid Family LeaveRequired
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  • Published in Business, Labor & Employment, News
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TOP ARTICLE CATEGORIES

  • BUSINESS

  • COVID-19

  • LABOR & EMPLOYMENT

  • FAMILY LAW

  • GOVERNMENT CONTRACTS

  • LITIGATION

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