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Elaine I. Hogan

Ms. Hogan is a partner with the firm and serves as the Practice Group Chair for the Employment Law Group. She focuses her practice on assisting employers and management in the areas of compliance and litigation. Ms. Hogan also handles a wide range of civil litigation and business matters.

Elaine is the author of the Virginia Employer Law blog which provides updates and information on noteworthy news covering employment law issues affecting Virginia businesses.
Education
Georgetown University Law Center, J.D., cum laude, 2002
Old Dominion University, B.A. summa cum laude, 1998
Bar/Court Admissions
Virginia State Bar
Virginia Supreme Court
United States Supreme Court
United States Court of Appeals for the Fourth Circuit
United States District Court, Eastern and Western Districts of Virginia
Community Involvement
Hampton Roads Chamber of Commerce (LEAD Hampton Roads, Class of 2014)
Legal Aid Society of Eastern Virginia, Board of Directors
Representative Experience
Representative Cases
Articles and Presentations
  • Represents and counsels employers on various issues involving federal and state employment laws, including anti-discrimination statutes, Fair Labor Standards Act, Family Medical Leave Act, and WARN act.
  • Represents and counsels employers in claims involving termination of employment and covenants not to compete and with government audits of employment practices.
  • Reviews human resource policies and practices to insure compliance with current federal and state laws and regulations and to determine areas for improvement.
  • Assists employers with preparation and negotiation of employment and severance agreements and drafting and updating employee handbooks.

CASE RESULTS DEPEND ON A VARIETY OF FACTORS UNIQUE TO EACH CASE.  THEY DO NOT GUARANTEE OR PREDICT SIMILAR RESULTS IN FUTURE CASES.

  • Brown v. Berkley Staffing, LLC, et al., Case No. 13-1305 (4th Cir. 2013) (dismissal of employment discrimination claim affirmed by Fourth Circuit)
  • Navey v. Virginia Beach City Public Schools, Case No. 11-2216 (4th Cir. 2013) (dismissal of ADA claim affirmed by Fourth Circuit)
  • Cross v. Suffolk City School Board, et al., 2:11-cv-00088, E.D.Va. (defended Suffolk Public Schools and superintendent against ADEA claim)
  • Varble v. SYR, Inc., 2:10-cv-562, E.D.Va. (defended retailer against potential collective action under FLSA)
  • Simpson v. James D. Thorsen, et al., CL10-827, Suffolk Cir. Ct. (succeeded on motion to dismiss negligence and fraud claims against school board)
  • Norman v. Hiller Systems Inc. of Hiller Companies, 2:10-cv-258, E.D.Va. (obtained summary judgment on behalf of employer in race discrimination case)
  • Dolgaleva v. Virginia Beach City Public Schools, 2:06-cv-717, E.D.Va. (obtained summary judgment on behalf of employer in national origin discrimination case)
  • Hardt v. Reliance Standard Insurance Co., 130 S. Ct. 2149 (2010) (allowing fee award after successful summary judgment)
News and Updates
Is a Claim that an Applicant is Overqualified a Defense to an ADEA Claim?
Posted on July 19, 2017
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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Applying the Administrative Exemption under the FLSA
Posted on July 12, 2017
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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What if You Don’t Agree with a Religious Objection?
Posted on July 5, 2017
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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Is it Retaliation to Fire A Supervisor For a Fabricated Sexual Harassment Report?
Posted on June 28, 2017
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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What Can you Ask about an Employee’s Medications?
Posted on June 14, 2017
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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So What Exactly Can You Say About a Terminated Employee?
Posted on June 8, 2017
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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Is Gender Dysphoria a Disability Under ADA?
Posted on May 31, 2017
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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Is Telling Someone You Want to Maximize Longevity a Bad Idea?
Posted on May 24, 2017
The Situation: A 60 year old man applies to be a General Manager of a restaurant after spending over twenty years in the restaurant industry, a number of which were served......
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Duane Reade Settles FLSA Collective Action for $13.5 Million—But Can’t Make Plaintiffs’ Counsel Keep Quiet About It?
Posted on May 17, 2017
The Situation: A group of employees brings a FLSA collective action against an employer, claiming they were misclassified as exempt and denied overtime pay over a number of years.  After many......
Read More
Can You Tell a Pregnant Applicant That You Really Need Someone Long Term ?
Posted on May 11, 2017
The Situation: A job applicant makes it through several rounds of interviews successfully and receives a job offer. However, before she accepts it, she lets the prospective employer know that she......
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