Could Denying A Request for an Extension of Medical Leave Violate the ADA?

  the situation You have an employee who has been out on medical leave because of a serious health condition.  But before his scheduled return-to-work-date, the employee requests an additional two months of leave to undergo further medical treatment.  If you deny this request, could you be violating the ADA?

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Davenport appointed to serve on Virginia State Bar Study Committee on the Future of Law Practice

Darius Davenport has been appointed to serve on the Virginia State Bar Study Committee on the Future of Law Practice.  The committee is charged with evaluating developments in technology, legal education, and professional services, and assessing how these changes will impact the practice of law.  The committee seeks to illuminate the changing landscape of the […]

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Could Supervisor’s Statements Regarding Biracial Dating Create a Hostile Work Environment?

the situation Caucasian employee has an African American spouse with whom she has several children. The employee’s supervisor begins complaining to her about his concerns that his daughter is dating an African American man and talking to her about the potential problems that might arise out of this relationship, including consequences within his extended family […]

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What Counts as Bad Faith Under the FMLA?

  the situation An employee requests to use a month of FMLA leave based upon an injury and the request is approved. The employee tells HR that she has an appointment with her doctor on the day before she expects to return (which happens to be a Friday).  During that doctor’s appointment, the employee is […]

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Equifax Data Breach

Equifax, one of the largest credit score providers in America, announced on September 7, 2017 that it was the victim of a large-scale hack that exposed the personal information, including Social Security numbers, of an estimated 143 million Americans. In addition to Social Security numbers, birth dates, addresses, driver’s license numbers, 182,000 credit dispute documents […]

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Two Week Countdown to Start Using Revised I-9 Form

the situation In July of this year, U.S. Citizenship and Immigration Services (“USCIS”) published a revised version of Form I-9 for employers to use to establish the eligibility of individuals for employment under the Immigration Reform and Control Act.  Although this new form has been available since July 17, until September 17, employers had the […]

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Does Employee’s Falsification of Employment Application Automatically Defeat Retaliation Claim?

the situation An employee complains that he is being harassed based on his sexual orientation and the fact that his partner is African American. Not long after he lodges this complaint, the employer discovers that although the employee stated on his job application that he graduated from community college, he had not actually graduated, but […]

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Can You Cut a Pregnant Employee’s Shifts to Avoid Unpredictability?

the situation A restaurant has an automatic scheduling system which allows employees to input their availability and then generates a schedule accordingly a few weeks in advance.  One of the restaurant’s servers is pregnant and quickly approaching her due date, although has stated her intention to work until she has the baby. In fear of […]

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Six Crenshaw, Ware & Martin PLC Attorneys Named to 2018 Best Lawyers® in America

Crenshaw, Ware & Martin PLC is pleased to announce that six of its lawyers have been named to the 24th Edition of Best Lawyers in America. Delphine G. Carnes – Project Finance Law and  Public Finance Law James L. Chapman IV –  Admiralty and Maritime Law and  Commercial Litigation Howard W. Martin, Jr. –  Real […]

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Does Time on Mobile Device Support a Claim for Unpaid Overtime?

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 these hours as time worked. Can they bring a claim against you for unpaid overtime under the FLSA, arguing that you should have known […]

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