Transgender Employee Fired for Clear Policy Violation—Is Employer Still At Risk For Title VII Claim?
Posted on January 20, 2016READ MORE
Exotic Dancers—Independent Contractors or Employees?
Posted on January 13, 2016
Posted in Otherthe situation A private club enters into independent contractor agreements with a number of exotic dancers which state that they can choose the days they work, along with their dance routines and songs. The agreements also provide that the dancers keep all the tips they earn while performing and half of each “couch dance” fee […] READ MORE
Millions in Damages for Unpaid Bathroom Breaks?
Posted on January 6, 2016
Posted in Fair Labor Standards Act (FLSA)the situation Your policy requires that each employee log in and out of his computer whenever taking any sort of break. Employees are then paid just for the time they are logged into their computers. Is this okay? READ MORE
Can a Temp From a Staffing Company Bring a Title VII Claim Against You?
Posted on December 30, 2015
Posted in Title VIIthe situation You engage a temporary staffing company to provide you with some temporary laborers to help during a particularly busy time period. Under the arrangement with the staffing company, you pay the staffing company only and they pay the temps. You are not responsible for setting the pay rate, paying the taxes, or getting […] READ MORE
Your Employees Agreed to Comply with the Employee Handbook—So Can’t You Hold Them to it?
Posted on December 16, 2015
Posted in Fair Labor Standards Act (FLSA)the situation Your employee handbook requires that employees submit all employment issues to an internal dispute resolution process and then arbitration and provides that employees waive all rights to bring a lawsuit and to a jury trial. You provide a copy of the employee handbook to all employees and require that they sign a statement […] READ MORE
Applicants with more than five years of experience need not apply. Could this be a problem?
Posted on December 9, 2015READ MORE
Assumptions About Applicant’s Medical Condition Can Lead to ADA Claim
Posted on November 30, 2015READ MORE
Pregnant Employee? Reassignment of Duties Could Land You in Hot Water
Posted on November 18, 2015READ MORE
Unpaid Bonus Could Mean Wrongful Discharge Claim
Posted on November 11, 2015
Posted in Wrongful Terminationthe situation Following a mostly positive performance review, you tell an employee that he has earned a $10,000 bonus. The employee later seeks payment for the bonus. Ultimately, the employee is terminated before he is ever paid the bonus. Does he have a claim for wrongful discharge under Virginia law? the ruling A Virginia Circuit […] READ MORE
Your Customer List May not be as Protected as You Think
Posted on November 4, 2015
Posted in Non-compete Agreementsthe situation A sales rep quits and goes to work for a competitor. Naturally, you had him sign both a noncompete and a confidentiality agreement when he first came to work for you. So can’t you stop him from using any customer and pricing information? the ruling You might be able to—but maybe not immediately, […] READ MORE