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......

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......

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......

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......

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......

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......

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 You end up firing him shortly after his bad comments.  Does this give him a basis......

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......

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......

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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