Virginia Employer Law

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

Posted on August 23, 2017 by Elaine I. Hogan

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 ending up short-staffed, a manager tells the pregnant employee he is going to take her out of the automatic scheduling system, but will still give her shifts manually.  Is this discrimination?…

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

Posted on August 9, 2017 by Elaine I. Hogan
Posted in 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 they were working after hours on these devices?…

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“Caring Supervisor” or Sexual Harassment?

Posted on August 2, 2017 by Elaine I. Hogan

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 facing possible disciplinary action, the supervisor meets with her.  He puts his hand on hers, tells her he doesn’t want to lose her and says he hopes they can work something out to keep her.  Could this be quid pro quo sexual harassment?…

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Is Refusing to Allow an Employee to Work From Home a Violation of the ADA?

Posted on July 26, 2017 by Elaine I. Hogan

The Situation: You have an employee who is responsible for overseeing a certain worksite.  She ends up suffering an injury which causes her to be unable to make the commute into work. You allow her to work from home for a period of time, but at some point conclude that you really need someone in that position that can be physically present at the worksite and so end up terminating her. Can she bring a claim under the ADA?…

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Is a Claim that an Applicant is Overqualified a Defense to an ADEA Claim?

Posted on July 19, 2017 by Elaine I. Hogan

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 and higher pay. You end up deciding to hire another younger applicant, concluding that the former employee is overqualified and will not be satisfied in the position.  Can the older applicant bring a claim of age discrimination?…

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Applying the Administrative Exemption under the FLSA

Posted on July 12, 2017 by Elaine I. Hogan

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 the management or general business operations of the employer or the employer’s customers.”  So what exactly does this mean? Do mortgage underwriters meet this requirement?…

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What if You Don’t Agree with a Religious Objection?

Posted on July 5, 2017 by Elaine I. Hogan

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 for a shift.  One of your long time employees claims that he cannot use this kind of hand scanner because its use would conflict with his religious beliefs. Can you require him to use it anyway?…

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Is it Retaliation to Fire A Supervisor For a Fabricated Sexual Harassment Report?

Posted on June 28, 2017 by Elaine I. Hogan

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 this story. You then terminate the reporting supervisor based on her false report. Is this retaliation in violation of Title VII?…

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My Employee Badmouthed me on Glassdoor—Can I Fire Him?

Posted on June 21, 2017 by Elaine I. Hogan

The Situation: One of your employees says some negative things about your company on Glassdoor.com. You end up firing him shortly after his bad comments.  Does this give him a basis for a retaliation claim?…

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What Can you Ask about an Employee’s Medications?

Posted on June 14, 2017 by Elaine I. Hogan

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 the employee he cannot take that medication on the job. Is there anything wrong with his conduct?…

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