Fairfax Circuit Court Finds For Employees, Holding Non-Compete Overly Broad And Unenforceable
Monday, 24 February 2020
In a recent case, the Fairfax Circuit Court in Virginia found in favor of the defendant employees, holding that a previous employer’s non-competition and non-solicitation provisions were unenforceable. There, the non-compete and non-solicitation clauses were not limited in scope, but instead prohibited conduct “wholly unrelated” to the employer’s legitimate business needs. Since the court found
- Published in Business, Labor & Employment, Non-Compete, Non-Solicitation
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Harsher Penalties Recommended for Employers Who Misclassify Employees as Independent Contractors
Wednesday, 05 February 2020
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
- Published in Business, Labor & Employment, News
Company and Company Owner Liable for FLSA Violations – Workers Not Independent Contractors
Wednesday, 04 September 2019
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
- Published in Labor & Employment, News