What Exactly is National Origin Discrimination?

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 about people that share a language or culture, but not necessarily a country of origin?  And how does race come into play?

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Crenshaw, Ware & Martin, P.L.C. Attorneys Named to Virginia Business Magazine’s 2016 “Legal Elite”

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 – Business Law Elaine I. Hogan – Labor/Employment Amy Taipalus McClure – Construction Donald C. Schultz – Bankruptcy/Creditors’ Rights W. Ryan Snow – Construction  

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Federal Court Blocks Overtime Changes

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 of Nevada v. U.S. Dept. of Labor, Case No. 4:16cv00731 (E.D. Tex.).  The states (and many other business groups that ended up joining the […]

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Federal Court Allows EEOC’s Sexual Orientation Discrimination Claim to Go Forward

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 March, the EEOC filed a lawsuit against an employer in Pennsylvania in one of the first lawsuits brought by the EEOC alleging sexual orientation […]

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Can Racial Statements of a Non-Decisionmaker Support a Discrimination Claim?

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 discriminatory animus of a co-worker, who he alleges had an impact on the decision to terminate him, although clearly was not in charge of […]

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Can A Volunteer Make a Claim for Unpaid Wages?

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 or salary, the idea being that she is pitching in to make his business successful. A year and a half later, the couple breaks […]

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U.S. News – Best Lawyers releases the 2017 “Best Law Firms” metropolitan rankings.

U.S. News – Best Lawyers has released the 2017 “Best Law Firms” metropolitan rankings.  Crenshaw, Ware & Martin, P.L.C. is proud to announce that the firm received a Tier 1 Metropolitan Ranking in Admiralty & Maritime Law, Eminent Domain/Condemnation Law and Project Finance.  The firm also received a Tier 2 Ranking in Bankruptcy and Creditor/Debtor […]

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Overtime Rule Changes—Have You Considered All Your Options?

the situation As most employers are well aware, as of December 1, 2016 (unless something changes before then), the salary minimum for many white collar exemptions under the FLSA will significantly increase from $23,600 to $47,746.  If you have an employee who is making less than the new minimum salary, but also often works over […]

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Can You Claim Total Disability But Also Claim to be Qualified Under the ADA?

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 her position and needs of the company, you cannot provide this accommodation and she is terminated.  The next day she files her application for […]

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Requiring Transgender Employee to Use Gender-Neutral Bathroom Found to Violate Title VII

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 he can no longer use the female restrooms, but also cannot use the male restrooms. Instead, he must only use the single occupancy gender-neutral […]

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