Virginia Employer Law

Final rule under Fair Labor Standards Act on Employee/Independent Contractor Classification Takes Effect

Virginia businesses’ non-compliance with the Fair Labor Standards Act or Virginia law wage protections can lead to substantial liability. Moreover, misclassifying workers as independent contractors when they should properly be classified as employees can lead to equally grave consequences. A recent local settlement highlights the risk to businesses.

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If a Worker Calls Himself an Independent Contractor, Isn’t that Enough?

the situation A worker enters into an independent contractor agreement with a company to provide some general maintenance work.  But then after the worker is injured in an accident, he claims he is entitled to disability benefits as an employee of the company, along with some unpaid overtime.  Is there any way for him to […]

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Could Pre-Employment Strength Testing Equal Discrimination?

the situation Prior to hiring candidates for specific positions with certain physical requirements, an employer requires the candidates to undergo a strength test.  If this ends up weeding out more women than men, could this be discriminatory? the ruling It could be.  CSX Transportation, Inc. just agreed to pay $3.2 million and provide some other […]

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Is a Policy Requiring Employees to be 100% Healed Before Returning to Work a Problem?

the situation A company implements a policy under which any employee must be 100% healed from any medical condition before returning to work.  Is this lawful? the ruling Probably not.  A few months ago, the EEOC filed a lawsuit against Nevada Restaurant Services, a Nevada company that operates slot machines, taverns and casinos, based on […]

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Could Changing Your Mind About a Promotion After an Employee’s Use of FMLA Leave Equal Retaliation?

the situation An employer has talked with an employee about possibly putting him in a new sales position.  Before that can happen, the employee develops a medical condition which necessitates him being out of work for a month and taking FMLA leave. When he returns, he informs the employer that he will not be able […]

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Is Calling Someone “Boy” Discriminatory?

the situation A supervisor repeatedly calls an employee “boy,” even after the employee requests that he stop referring to him in that way. After the employee is fired, he claims that he was subjected to discrimination in violation of Title VII.  Can calling him “boy” support such a claim? the ruling It depends on a […]

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Even Busta Rhymes Can’t Keep Settlement of Unpaid Overtime Claim Confidential

the situation An employer decides to settle a claim brought by an employee under the FLSA for unpaid overtime.  The employer would like to keep the settlement confidential—is that okay? the ruling Most likely no.  A federal court in New York recently rejected the parties’ joint motion for settlement approval that would have kept the […]

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Is a No-Spanish Policy Discriminatory?

the situation A retail company rolls out a new policy prohibiting employees from speaking Spanish in front of customers.  At one store, a manager takes it a step further and tells employees they are not to speak Spanish at all while on store premises, even if on break.  Does this constitute national origin discrimination? the […]

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Can Straight Employee Bring a Claim for Reverse Discrimination?

the situation A heterosexual employee posts an anti-LGBTQ comment on Facebook. She claims that after learning about this post, her supervisor, a member of the LGBTQ community, begins treating her differently and ultimately fires her.  Can she bring a claim of discrimination under Title VII? the ruling The EEOC says yes.  Last week, the EEOC […]

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Just What is a “Suitable Space” for a Nursing Mother?

the situation An employee returns to work after having a child and requests that she be provided with a place to express breastmilk.  The law mandates that employers provide employees with suitable space and time for nursing—but what exactly does this mean? the ruling A federal court in Arizona recently addressed this issue and found […]

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