Compliance and Negotiation

The ability to recognize problems and create solutions before they become an emergency.

The relationship between you and your employees is heavily regulated, both at the state and federal level, based on complex laws and significant judicial decisions. This is an ever-evolving field and we can assist you with the creation and implementation of policies and practices in keeping with the relevant laws and regulations and with drafting agreements that are both lawful and advantageous to your business.

Areas of focus:

  • Employee policies and procedures
  • Hiring and firing decisions
  • Employment agreements
  • Separation agreements
  • Non-compete and non-solicitation provisions
  • Federal and state laws:Title VII, ADA and ADEA, FLSA, FMLA, COBRA, WARN Act, and USERRA

Litigation

The expertise and ability to guide your business through an emergency.

It isn’t always possible to avoid litigation. When claims are asserted against your company, we have the breadth of experience and ability to handle difficult and complex employment law issues. We are capable of taking cases to trial where necessary and vigorously defending your company. Acknowledging that extensive litigation is not always in the best interest of your company, we are also highly skilled at negotiation and finding alternative solutions that are in your company’s best interest.

Areas of focus:

  • Employment discrimination and harassment
  • Retaliation claims
  • Overtime and other wage claims
  • Reasonable accommodation
  • Violations of restrictive covenants
  • Wrongful termination claims

Follow Elaine Hogan’s Blog at www.vaemployerlaw.com

Click here to print the Employer Law Practice Brochure.

 

Articles & Presentations

Elaine Inman Hogan, Presenter, “Knock Knock. Who’s there? VOSH, the Department of Labor and the IRS . . . What Your Clients Need to Know About the Consequences of Worker  Misclassification”, Virginia Bar Association Annual Meeting (January 23, 2016)

Elaine Inman Hogan, “Privacy and Social Media in the Workplace”, presented at the Sterling Education Services, Inc. seminar on the “Fundamentals of Employment Law” (April 28, 2015)

Elaine Inman Hogan, “The Affordable Care Act and Other Developments in Employment Law (Federal and State)”, presented at the NBI seminar on “Human Resource Law: What You Need to Know” (June 3, 2014)

Elaine Inman Hogan, “Wage and Hour Laws”, presented at the Lorman Employment Law Update in Virginia (July 24, 2012)

Employee Handbooks

An employee handbook is an important tool for managing your employees and protecting your company against legal challenges. We can help you revise your current handbook or draft a new handbook customized for your company to provide guidance to employees and management and prevent potential problems.

Human Resource Audits

We can provide a thorough audit of your employee policies, procedures and practices to assess your company’s compliance with federal and state laws and regulations, determine opportunities for improvement, and advise you on best practices going forward.

Representative Clients

Business Owners and Managers

Construction Companies

Employers

Government Contractors

Insurance Companies

Municipal Employers

Municipal Insurers

Property Management Firms

News and Updates
Calling Your Boss a Nasty Motherf**ker is Protected Activity?
Posted on April 26, 2017
The Situation: An employee has a problem with the way he has been treated by a supervisor and decides to share his disdain for him on Facebook—calling the supervisor a “nasty......
Read More
Even if Staffing Company is Paying Employees, You Could be on the Hook for Unpaid Wages
Posted on April 19, 2017
The Situation: You go through a temporary staffing company for a certain group of employees and that company takes care of paying the employees. If the staffing company fails to properly......
Read More
Employee Wellness Program—Potential Risks Under ADA?
Posted on April 12, 2017
The Situation: You implement a voluntary employee wellness program which requires employees to undergo health risk assessments and complete a health history questionnaire.  One of the incentives is that employees who......
Read More
Twelve Million Dollars to be Paid out by Restaurant Chain for Age Discrimination
Posted on April 5, 2017
The Situation: The EEOC took aim at Texas Roadhouse in 2011, claiming that the restaurant chain engaged in a pattern or practice of age discrimination by refusing to hire applicants over......
Read More
Discrimination Based on Perceived Sexual Orientation??
Posted on March 29, 2017
The Situation: An employee claims that she was repeatedly harassed by her supervisor in ways seemingly related to her sexual orientation—frequently saying that she dressed like a lesbian and similar remarks.......
Read More
Despite Serious Documented Performance Issues, Reference to Medical Leave May Mean FMLA Retaliation Claim
Posted on March 22, 2017
The Situation: An employee begins working as a sales consultant and from the beginning, has serious performance issues.  She is given a number of warnings and even placed on an improvement......
Read More
Has Filing an EEOC Charge Just Gotten Easier?
Posted on March 15, 2017
The Situation: In recent years, the EEOC has begun the implementation of a digital charge system—the idea being that allowing employers and employees to utilize a digital system would both make......
Read More
Firing Six Weeks After Charge Enough to Show Retaliation?
Posted on March 8, 2017
The Situation: An employee files an EEOC charge, claiming she was discriminated against based on her race. Because of some ongoing performance issues, you put her on a performance improvement plan......
Read More
Can Hugging Be Hostile?
Posted on March 1, 2017
The Situation: One of your top level managers is known to frequently hug female employees, both in the workplace and outside of work.   A female employee who has worked for your......
Read More
Concerned About Protecting Your Trade Secrets?
Posted on February 22, 2017
The Situation: Something that many employers have in common is a concern about protecting their confidential information, particularly in this day and age, when job hopping is somewhat common.  Many employers......
Read More
Can Firing an Employee for a False Sexual Harassment Claim Be Considered Retaliation?
Posted on February 15, 2017
The Situation: An employee lodges a number of complaints against a certain supervisor, claiming that he has made some offensive and inappropriate remarks of a sexual nature.  You interview some of......
Read More
Can Employers Obtain Cell Phone GPS Data In Unpaid Overtime Case?
Posted on February 8, 2017
The Situation: You operate a company in which employees frequently use personal cell phones for work reasons.  A group of employees joins together and files a collective action, asserting that you......
Read More
New FLSA Test for Joint Employers in Fourth Circuit—If You Use Subcontractors, Pay Attention!
Posted on February 1, 2017
The Situation: A general contractor regularly engages a certain subcontractor to do drywall installation needed on its jobs.  The subcontractor works almost exclusively for the general contractor.  If the employees of......
Read More
Would Your Company Need to Let an Intellectually Disabled Employee Work Shorter Shifts?
Posted on January 25, 2017
The Situation: You have an employee with intellectual limitations who typically has worked a consistent schedule of 12 pm until 4 pm.  The employee has historically been a good employee and......
Read More
Heads Up—Deadline for Using New I-9 Forms Approaching
Posted on January 18, 2017
The Situation: Back in November, U.S. Citizenship and Immigration Services (“USCIS”) published a revised version of Form I-9, the tool employers must use in connection with establishing the eligibility of individuals......
Read More
But He Said it Too! Does Employee’s Use of Racial Epithet Negate Discrimination Claim?
Posted on January 11, 2017
The Situation: An employee asserts that he has been subjected to a hostile work environment, partially based on claims that other employees and supervisors regularly used racial epithets in his presence. ......
Read More
Customer’s Sexual Harassment of Employee—Could You be Liable?
Posted on January 4, 2017
The Situation: A female employee complains about a particular customer’s conduct—specifically complaining about some unwelcome touching, some sexually inappropriate statements, and stalking-type behavior.  What are you obligated to do?  If you......
Read More
Emotional Distress Damages Allowed in FLSA Retaliation Claim?
Posted on December 28, 2016
The Situation: An employee claims that not only was he not properly paid overtime owed to him, but that when he complained about it, his employer retaliated against him—can he really......
Read More
Depression and the ADA According to the EEOC
Posted on December 22, 2016
The Situation: Mental health conditions, including depression and PTSD, can trigger protection under the ADA. Employers are prohibited from discriminating against employees based upon these conditions and also must provide reasonable......
Read More
Jimmy John’s Settles Case Involving Overzealous Non-competes
Posted on December 14, 2016
The Situation: In June, the Attorney General for the state of Illinois filed a lawsuit against Jimmy John’s, alleging that its non-compete agreement was illegal and unenforceable under Illinois law.  The......
Read More
What Exactly is National Origin Discrimination?
Posted on November 30, 2016
The Situation: National origin discrimination can be a bit tricky for employers-what exactly does it mean?  Does it just have to do with the country in which one was born?  What......
Read More
Crenshaw, Ware & Martin, P.L.C. Attorneys Named to Virginia Business Magazine’s 2016 “Legal Elite”
Posted on November 30, 2016
Crenshaw, Ware & Martin is proud to announce that five of the firm’s attorneys have been recognized by Virginia Business Magazine among Virginia’s “Legal Elite” for 2016. Steven L. Brinker......
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Federal Court Blocks Overtime Changes
Posted on November 23, 2016
The Situation: Back in September, 21 states filed a lawsuit in federal court in Texas challenging the constitutionality of the rule changes scheduled to go into effect on December 1.  State......
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Federal Court Allows EEOC’s Sexual Orientation Discrimination Claim to Go Forward
Posted on November 16, 2016
The Situation: The EEOC has definitively targeted harassment and discrimination in the workplace based on sexual orientation, taking the position that sexual orientation is covered by Title VII.  And back in......
Read More
Can Racial Statements of a Non-Decisionmaker Support a Discrimination Claim?
Posted on November 9, 2016
The Situation: An employee is terminated after he gets into some verbal disputes with some other co-worker.  He claims that the disputes all relate back to some inappropriate racial statements and......
Read More
Can A Volunteer Make a Claim for Unpaid Wages?
Posted on November 2, 2016
The Situation: A small business owner has his girlfriend help him with paperwork and advertising while he tries to grow his business. He does not pay the girlfriend any hourly wage......
Read More
Can You Claim Total Disability But Also Claim to be Qualified Under the ADA?
Posted on October 19, 2016
The Situation: An employee takes extended leave because of a medical condition. After exhausting her FMLA leave, the employee asks for additional leave as an accommodation. Because of the nature of......
Read More
Requiring Transgender Employee to Use Gender-Neutral Bathroom Found to Violate Title VII
Posted on October 12, 2016
The Situation: An employee informs you that he is transgender and is in the process of transitioning to a man.  Based on concerns about other employees’ reactions, you inform him that......
Read More
Orioles Concession Stand Workers Exempt From Overtime
Posted on October 5, 2016
The Situation: Along with the more frequently discussed exemptions, the FLSA contains an exemption for employees of any amusement or recreational establishment, as long as the operations are seasonal.  But what......
Read More
21 States Challenge Changes to Overtime Rule
Posted on September 28, 2016
The Situation: As all employers are aware, in May 2016, the Department of Labor (“DOL”) announced the final rule related to overtime changes.  From many employers’ perspective, the biggest and most......
Read More
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