Virginia Employer Law

Has Filing an EEOC Charge Just Gotten Easier?

Posted on March 15, 2017 by Elaine I. Hogan

The Situation: In recent years, the EEOC has begun the implementation of a digital charge system—the idea being that allowing employers and employees to utilize a digital system would both make it easier on them and also on the agency itself. The first phase was implemented in 2015 and allowed employers against whom a charge of employment discrimination had been filed, to interact with the EEOC online through an employer portal (so could upload and download documents, submit a position statement, verify information, etc.). Earlier this week, the EEOC announced another step in its plan to go digital, launching a new Online Inquiry and Appointment System in five of its offices.…


Firing Six Weeks After Charge Enough to Show Retaliation?

Posted on March 8, 2017 by Elaine I. Hogan

The Situation: An employee files an EEOC charge, claiming she was discriminated against based on her race. Because of some ongoing performance issues, you put her on a performance improvement plan three weeks later. Following the issuance of another written warning, you decide to terminate her, about six weeks after her charge was filed. Can she bring a retaliation claim based on the timing alone?…


Can Hugging Be Hostile?

Posted on March 1, 2017 by Elaine I. Hogan
Posted in Title VII

The Situation: One of your top level managers is known to frequently hug female employees, both in the workplace and outside of work.   A female employee who has worked for your company for a number of years ends up filing a charge with the EEOC, asserting a hostile work environment in violation of Title VII, claiming that based upon this manager’s frequent and unwelcome hugs, she has experienced significant stress and anxiety at the workplace.   Could your company face liability under Title VII?  …


Concerned About Protecting Your Trade Secrets?

Posted on February 22, 2017 by Elaine I. Hogan

The Situation: Something that many employers have in common is a concern about protecting their confidential information, particularly in this day and age, when job hopping is somewhat common.  Many employers have some significant concerns about making sure that their trade secrets are fully protected from disclosure by employees that move on to greener pastures—this includes things like customer lists, pricing strategies, manufacturing methods, and other similar types of information.  As many employers are aware, in the spring of last year, the Defend Trade Secrets Act (“DTSA”) was signed into law—providing a federal cause of action for the misappropriation of trade secrets along with state laws that address trade secrets.  But in order to get the most benefit out of this law (meaning the ability to recover the most damages), employers need to make sure that employees are given notice of immunity rights.…


Can Firing an Employee for a False Sexual Harassment Claim Be Considered Retaliation?

Posted on February 15, 2017 by Elaine I. Hogan

The Situation: An employee lodges a number of complaints against a certain supervisor, claiming that he has made some offensive and inappropriate remarks of a sexual nature.  You interview some of the other employees who were purportedly present when these statements were made and none of them back up the complaining employee’s story. The supervisor also denies making the statements. You terminate the employee who made the complaints on the grounds that she has intentionally falsified a claim of harassment, in violation of your anti-harassment policy.  Can you face a claim of retaliation?…


Can Employers Obtain Cell Phone GPS Data In Unpaid Overtime Case?

Posted on February 8, 2017 by Elaine I. Hogan

The Situation: You operate a company in which employees frequently use personal cell phones for work reasons.  A group of employees joins together and files a collective action, asserting that you failed to pay them overtime as required under the FLSA.  You want to get ahold of GPS and location services from their cell phones to support your suspicion that these employees were not really working during all the hours they now claim.  Can you get this information?…


New FLSA Test for Joint Employers in Fourth Circuit—If You Use Subcontractors, Pay Attention!

Posted on February 1, 2017 by Elaine I. Hogan

The Situation: A general contractor regularly engages a certain subcontractor to do drywall installation needed on its jobs.  The subcontractor works almost exclusively for the general contractor.  If the employees of the subcontractor are not paid overtime as required by the FLSA, can the general contractor face liability?…


Would Your Company Need to Let an Intellectually Disabled Employee Work Shorter Shifts?

Posted on January 25, 2017 by Elaine I. Hogan

The Situation: You have an employee with intellectual limitations who typically has worked a consistent schedule of 12 pm until 4 pm.  The employee has historically been a good employee and received good marks on performance reviews.  You implement a new computerized scheduling process, pursuant to which employees are all automatically scheduled for various eight hour shifts.  The employee requests that she be permitted to continue working her usual four hour shifts.  Do you need to accommodate that request?…


Heads Up—Deadline for Using New I-9 Forms Approaching

Posted on January 18, 2017 by Elaine I. Hogan
Posted in I-9

The Situation: Back in November, U.S. Citizenship and Immigration Services (“USCIS”) published a revised version of Form I-9, the tool employers must use in connection with establishing the eligibility of individuals for employment under the Immigration Reform and Control Act.  Employers must switch over to the new version of the form by January 22, 2017 or could find themselves in trouble.…


But He Said it Too! Does Employee’s Use of Racial Epithet Negate Discrimination Claim?

Posted on January 11, 2017 by Elaine I. Hogan

The Situation: An employee asserts that he has been subjected to a hostile work environment, partially based on claims that other employees and supervisors regularly used racial epithets in his presence.  But, you are aware that the complaining employee had been known to use those very same terms at times. Does that affect his claim of discrimination?…

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