Virginia Employer Law

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.…

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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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Customer’s Sexual Harassment of Employee—Could You be Liable?

Posted on January 4, 2017 by Elaine I. Hogan

The Situation: A female employee complains about a particular customer’s conduct—specifically complaining about some unwelcome touching, some sexually inappropriate statements, and stalking-type behavior.  What are you obligated to do?  If you don’t take sufficient action, can that employee bring a claim against you under Title VII?…

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Emotional Distress Damages Allowed in FLSA Retaliation Claim?

Posted on December 28, 2016 by Elaine I. Hogan

The Situation: An employee claims that not only was he not properly paid overtime owed to him, but that when he complained about it, his employer retaliated against him—can he really claim damages based on pain and suffering?…

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Depression and the ADA According to the EEOC

Posted on December 22, 2016 by Elaine I. Hogan

The Situation: Mental health conditions, including depression and PTSD, can trigger protection under the ADA. Employers are prohibited from discriminating against employees based upon these conditions and also must provide reasonable accommodations to employees as necessary. But what does this mean in reality?…

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Jimmy John’s Settles Case Involving Overzealous Non-competes

Posted on December 14, 2016 by Elaine I. Hogan

The Situation: In June, the Attorney General for the state of Illinois filed a lawsuit against Jimmy John’s, alleging that its non-compete agreement was illegal and unenforceable under Illinois law.  The non-compete applied to all employees, including sandwich makers and delivery drivers, and prohibited them from working in any other business that earns more than 10% of its revenue from selling submarine, hero-type, deli-style, pita and/or wrapped or rolled sandwiches within 3 miles of any Jimmy John’s for two years after their employment with Jimmy John’s ended.…

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What Exactly is National Origin Discrimination?

Posted on November 30, 2016 by Elaine I. Hogan

The Situation: National origin discrimination can be a bit tricky for employers-what exactly does it mean?  Does it just have to do with the country in which one was born?  What about people that share a language or culture, but not necessarily a country of origin?  And how does race come into play?…

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Federal Court Blocks Overtime Changes

Posted on November 23, 2016 by Elaine I. Hogan

The Situation: Back in September, 21 states filed a lawsuit in federal court in Texas challenging the constitutionality of the rule changes scheduled to go into effect on December 1.  State of Nevada v. U.S. Dept. of Labor, Case No. 4:16cv00731 (E.D. Tex.).  The states (and many other business groups that ended up joining the states) claimed that DOL had exceeded its authority in making these changes and that these changes are in violation of the Tenth Amendment to the Constitution.  The states sought a preliminary injunction preventing the implementation of the new overtime rules.…

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Federal Court Allows EEOC’s Sexual Orientation Discrimination Claim to Go Forward

Posted on November 16, 2016 by Elaine I. Hogan

The Situation: The EEOC has definitively targeted harassment and discrimination in the workplace based on sexual orientation, taking the position that sexual orientation is covered by Title VII.  And back in March, the EEOC filed a lawsuit against an employer in Pennsylvania in one of the first lawsuits brought by the EEOC alleging sexual orientation as a form of sex discrimination in violation of Title VII (EEOC v. Scott Medical Center, P.C., Case No. 2:16cv00225 (W.D. Pa.).  So what has the court decided about the claim asserted by the EEOC?…

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Can Racial Statements of a Non-Decisionmaker Support a Discrimination Claim?

Posted on November 9, 2016 by Elaine I. Hogan

The Situation: An employee is terminated after he gets into some verbal disputes with some other co-worker.  He claims that the disputes all relate back to some inappropriate racial statements and discriminatory animus of a co-worker, who he alleges had an impact on the decision to terminate him, although clearly was not in charge of making the decision himself.  Can he state a claim under Title VII for discrimination based on his termination without any proof of racial animus on the part of the decisionmaker?…

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