From Virginia Employer Law Blog

Posted on August 9, 2017

Does Time on Mobile Device Support a Claim for Unpaid Overtime?

The Situation: You have employees who are doing work after hours on their mobile devices. Although you have a procedure for submission of any overtime worked, these employees do not report......

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Posted on August 2, 2017

“Caring Supervisor” or Sexual Harassment?

The Situation: A supervisor has a history of making some inappropriate statements to a female employee under his direction, including commenting on her physical appearance.  When the female employee ends up......

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Posted on July 19, 2017

Is a Claim that an Applicant is Overqualified a Defense to an ADEA Claim?

The Situation: You are trying to fill an unskilled laborer position. One applicant for the position is a former employee with decades of experience in a position that involves more skill......

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Posted on July 12, 2017

Applying the Administrative Exemption under the FLSA

The Situation: One of the requirements of the administrative exemption of the FLSA is that an employee must have as his or her primary duty “office or non-manual work related to......

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Posted on July 5, 2017

What if You Don’t Agree with a Religious Objection?

The Situation: You decide to implement a new time tracking system which involves the use of biometric hand scanners by employees to scan their right hands to clock in or out......

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Posted on June 28, 2017

Is it Retaliation to Fire A Supervisor For a Fabricated Sexual Harassment Report?

The Situation: One of your supervisors reports that another employee has been sexually harassing several women working under him. Your HR director interviews each of these women and none back up......

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Posted on June 21, 2017

My Employee Badmouthed me on Glassdoor—Can I Fire Him?

The Situation: One of your employees says some negative things about your company on Glassdoor.com. You end up firing him shortly after his bad comments.  Does this give him a basis......

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Posted on June 14, 2017

What Can you Ask about an Employee’s Medications?

The Situation: One of your supervisors finds out that an employee is under psychiatric care and asks him about the medication that he takes for his condition. The supervisor then tells......

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Posted on June 8, 2017

So What Exactly Can You Say About a Terminated Employee?

The Situation: You have an employee who you just do not think is the best person for his position.  After trying to address the deficiencies in his performance, you end......

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Posted on May 31, 2017

Is Gender Dysphoria a Disability Under ADA?

The Situation: An employee who has been diagnosed with gender dysphoria requests that she be permitted to use the female bathroom, dress in a female uniform, and wear a nametag with......

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