Sexual Orientation and Gender Identity

By on April 24, 2019

Title VII of the Civil Rights Act of 1964 prohibits covered employers from discriminating against workers on the basis of sex. These days, everyone understands that.  A critical question for several years has been whether discrimination on the basis of sexual orientation or gender identity is a form of sex discrimination prohibited under Title VII. […]

Continue Reading

Cell Phones and the NLRB

By on April 10, 2019

With the prevalence of cell phones today, many companies attempt to manage employee time spent on personal mobile devices. At the same time, there are legal limits on what employers can do about this issue. Many companies do not think of the National Labor Relations Board (NLRB) when it comes to something like cell phone […]

Continue Reading

Pilot Projects in Appellate Mediation Begin

By on March 20, 2019

In the Spring 2019 edition of the Virginia Bar Association Journal, appellate attorney John O’Herron authored an article on Virginia’s offering of a formal appellate mediation program.From the article: The rise of alternative dispute resolution in the Commonwealth of Virginia continues. The first of this year, Virginia joined many of its sister states in offering […]

Continue Reading
Chip-05217-web

Anticipated New Overtime Rule

By on February 5, 2019

Several clients and others have asked me recently about the anticipated new overtime rule and potential increase in the “white collar” exemption.  The exemption has not been raised since 2004. You will recall that in May 2016 the DOL issued a new rule.  It got a lot of attention.  That new rule more than doubled […]

Continue Reading

New Wellness Program Rules

On January 15, 2019

Employers with established wellness programs that collect health information or require a medical exam can no longer rely on EEOC regulations to claim that incentives under their wellness programs are voluntary.  The EEOC recently published a final rule vacating prior rules that allowed employers to offer significant financial incentives to workers who participate in wellness […]

Continue Reading

Duty of Care to Family and Third Parties

By on December 19, 2018

The Virginia Supreme Court significantly extended the duty of care an employer owes beyond employees to any family members, or even third parties, who may be affected by the employer’s action.  The issue in this case involved asbestos, but the ruling easily could apply to other situations as well.  In a 4 to 3 decision, […]

Continue Reading

Verification of FMLA Leave

By on November 20, 2018

When an employee takes medical leave, treatment by a healthcare provider is often assumed, and the frequency of doctor’s visits is rarely scrutinized.  However, in evaluating FMLA leave entitlements, verifying the dates of medical treatment can be worth the trouble.  Here is a good example. The employee in question was a military veteran who suffered […]

Continue Reading
X