Tipped Employees Must Have Actual Notice of Use of Tip Credit

The tip credit permitted under the Fair Labor Standards Act (“FLSA”) has always presented challenges to restaurants and other employers seeking to apply it correctly. Last month, the First Circuit addressed the tip credit and the question of the type of notice which must be given to employees regarding its use in the case of […]

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Tidewater Council, Boy Scouts of America held its annual Colgate W. Darden, Jr. Gala Benefit Auction

On Saturday, November 1st, the Tidewater Council, Boy Scouts of America held its annual Colgate W. Darden, Jr. Gala Benefit Auction at The Westin Virginia Beach Town Center. The event honored John F. Reinhart, CEO/Executive Director of The Port of Virginia for his service to the community.   Chaired by Don Schultz, a partner with the […]

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Crenshaw, Ware & Martin Receives Tier 2 Ranking by U.S. News and Best Lawyers

Crenshaw, Ware & Martin received a Tier 2 Metropolitan Ranking for the 2015 listing of  “Best Law Firms” by U.S. News and Best Lawyers Bankruptcy & Creditors Rights Law and Bankruptcy Litigation.

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District Court Has Jurisdiction over Retaliation Claim Related to Prior Charge, Even Prior Charge that was Untimely

The Fourth Circuit recently ruled that the district court properly ruled that it had jurisdiction over a claim of retaliation in violation of Title VII asserted by an Old Dominion University professor, even though the retaliation claim was not contained within her initial EEOC charge and that charge was, in fact, untimely. Hentosh v. Old […]

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Even Extremely Flexible Schedule Accommodation Request Not Unreasonable as a Matter of Law

The United States Court of Appeals for the D.C. Circuit recently reversed the decision of the district court in the case of Solomon v. Vilsack, No. 12-5123 (D.C. Cir. August 15, 2014), a case involving an employee’s request to have significant flexibility in the her working hours as a reasonable accommodation for her disability. The […]

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No FMLA Retaliation Where Employer Can Show Employee Terminated for Improperly Accessing Supervisor’s Email

The decision of the United States District Court for the Western District of Virginia in the case of Downs v. Winchester Medical Center, et al., No. 5:13cv00083 regarding what constitutes a claim for interference in violation of the FMLA was the topic of a posting from a few months ago. The district court had found […]

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Executive Order 13658 “Establishing a Minimum Wage for Contractors” Final Rule

On Tuesday, the U.S. Department of Labor issued the final rule that raises the minimum wage for workers on federal contracts to $10.10 an hour. The 338 page rule, which takes effect on January 1 2015, implements Executive Order 13658. The final rule provides for employers guidance as to which contracts and which employees are […]

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No USERRA Claim Where Vet Terminated Based on Threats Made Against Co-workers

In a recent decision, a judge in the Eastern District of Virginia dismissed the claims asserted by a United States Army veteran with PTSD that his employer had terminated him in violation of both the Uniformed Services Employment and Reemplyoment Rights Act (“USERRA”) and the Americans with Disabilities Act (“ADA”). Williamson v. Bon Secours Richmond […]

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Decertification of Nationwide Collective Action under FLSA Does Not Prohibit Plaintiffs from Seeking Conditional Certification of Statewide Collective Action

Recently, a court in the Eastern District of Virginia was faced with the question of the effect of another district court’s decertification of a nationwide collective action on the efforts of employees here in Virginia to bring a statewide collective action.  See Allen v. Cogent Communications, Inc., No. 1:14cv459 (August 28, 2014).  The employer Cogent […]

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The Fluctuating Workweek—A Working Option?

The general rule under the Fair Labor Standards Act (“FLSA”) is that non-exempt employees have to be paid for overtime at a rate of one and a half times their regular rate of pay. However, there is another option available to employers—the fluctuating workweek method, sometimes called the halftime method. If the fluctuating workweek model […]

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