Employment Law

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
Does Time on Mobile Device Support a Claim for Unpaid Overtime?
Posted on August 9, 2017
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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“Caring Supervisor” or Sexual Harassment?
Posted on August 2, 2017
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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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......
Read More
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......
Read More
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......
Read More
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......
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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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FMLA Retaliation Claim Even Where Actual Decisionmaker Didn’t Know About Use of Leave?
Posted on May 3, 2017
The Situation: An employee requests and is approved for FMLA leave based on a mental health condition.  While she is out, she accumulates a backlog of work. According to her supervisor,......
Read More
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......
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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......
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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......
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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.......
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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......
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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......
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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......
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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......
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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......
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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......
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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......
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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......
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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......
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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......
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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. ......
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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......
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