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Elaine I. Hogan

Ms. Hogan is a partner with the firm and serves as the Practice Group Chair for the Employment Law Group. She focuses her practice on assisting employers and management in the areas of compliance and litigation. Ms. Hogan also handles a wide range of civil litigation and business matters.

Elaine is the author of the Virginia Employer Law blog which provides updates and information on noteworthy news covering employment law issues affecting Virginia businesses.
Education
Georgetown University Law Center, J.D., cum laude, 2002
Old Dominion University, B.A. summa cum laude, 1998
Bar/Court Admissions
Virginia State Bar
Virginia Supreme Court
United States Supreme Court
United States Court of Appeals for the Fourth Circuit
United States District Court, Eastern and Western Districts of Virginia
Community Involvement
Hampton Roads Chamber of Commerce (LEAD Hampton Roads, Class of 2014)
Legal Aid Society of Eastern Virginia, Board of Directors (2014-2017)
Articles and Presentations
Representative Cases
Representative Experience
  • Presenter, “The FMLA and the ADA, and the Intersection Between the Two”, Hampton Roads Association of Legal Administrators (June 20, 2018)
  • Presenter, “Social Media in the Workplace”, Hampton Roads Association of Legal Administrators (April 2017)
  • Presenter, “I-9 Compliance – What You Need to Know”, Quarterly Meeting, Plumbers and Mechanical Professionals of Virginia (September 7, 2016)
  • Keeping Your Story Straight—The Importance of Consistency to Avoid FMLA Interference Liability”,  The Job Description, published by the Defense Research Institute (April 26, 2016)
  • Presenter, “Knock Knock. Who’s there? VOSH, the Department of Labor and the IRS . . . What Your Clients Need to Know About the Consequences of Worker  Misclassification”, Virginia Bar Association Annual Meeting (January 23, 2016)
  • “Privacy and Social Media in the Workplace”, presented at the Sterling Education Services, Inc. seminar on the “Fundamentals of Employment Law” (April 28, 2015)
  • “The Affordable Care Act and Other Developments in Employment Law (Federal and State)”, presented at the NBI seminar on “Human Resource Law: What You Need to Know” (June 3, 2014)
  • The Importance of an Audit of your Employment Practices“, CWM Employment Law Bulletin  (August 2013)
  • Managers Beware – Supervisors Can Be Personally Liable for Wrongful Discharge“, CWM Employment Law Bulletin (February 2013)
  • Retaliation Claims Under the FLSA – An Internal Complaint is Enough“,  CWM Employment Law Bulletin (August 2012)
  • “Wage and Hour Laws”, presented at the Lorman Employment Law Update in Virginia (July 24, 2012)

CASE RESULTS DEPEND ON A VARIETY OF FACTORS UNIQUE TO EACH CASE.  THEY DO NOT GUARANTEE OR PREDICT SIMILAR RESULTS IN FUTURE CASES.

  • Brown v. Berkley Staffing, LLC, et al., Case No. 13-1305 (4th Cir. 2013) (dismissal of employment discrimination claim affirmed by Fourth Circuit)
  • Navey v. Virginia Beach City Public Schools, Case No. 11-2216 (4th Cir. 2013) (dismissal of ADA claim affirmed by Fourth Circuit)
  • Cross v. Suffolk City School Board, et al., 2:11-cv-00088, E.D.Va. (defended Suffolk Public Schools and superintendent against ADEA claim)
  • Varble v. SYR, Inc., 2:10-cv-562, E.D.Va. (defended retailer against potential collective action under FLSA)
  • Simpson v. James D. Thorsen, et al., CL10-827, Suffolk Cir. Ct. (succeeded on motion to dismiss negligence and fraud claims against school board)
  • Norman v. Hiller Systems Inc. of Hiller Companies, 2:10-cv-258, E.D.Va. (obtained summary judgment on behalf of employer in race discrimination case)
  • Dolgaleva v. Virginia Beach City Public Schools, 2:06-cv-717, E.D.Va. (obtained summary judgment on behalf of employer in national origin discrimination case)
  • Hardt v. Reliance Standard Insurance Co., 130 S. Ct. 2149 (2010) (allowing fee award after successful summary judgment)
  • Represents and counsels employers on various issues involving federal and state employment laws, including anti-discrimination statutes, Fair Labor Standards Act, Family Medical Leave Act, and WARN act.
  • Represents and counsels employers in claims involving termination of employment and covenants not to compete and with government audits of employment practices.
  • Reviews human resource policies and practices to insure compliance with current federal and state laws and regulations and to determine areas for improvement.
  • Assists employers with preparation and negotiation of employment and severance agreements and drafting and updating employee handbooks.
News and Updates
Could Pre-Employment Strength Testing Equal Discrimination?
Posted on June 20, 2018
The Situation: Prior to hiring candidates for specific positions with certain physical requirements, an employer requires the candidates to undergo a strength test.  If this ends up weeding out more women…...
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Is a Policy Requiring Employees to be 100% Healed Before Returning to Work a Problem?
Posted on June 13, 2018
The Situation: A company implements a policy under which any employee must be 100% healed from any medical condition before returning to work.  Is this lawful? the ruling Probably not.  A few months…...
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Could Changing Your Mind About a Promotion After an Employee’s Use of FMLA Leave Equal Retaliation?
Posted on June 6, 2018
The Situation: An employer has talked with an employee about possibly putting him in a new sales position.  Before that can happen, the employee develops a medical condition which necessitates him…...
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Is Calling Someone “Boy” Discriminatory?
Posted on May 30, 2018
The Situation: A supervisor repeatedly calls an employee “boy,” even after the employee requests that he stop referring to him in that way. After the employee is fired, he claims that…...
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Even Busta Rhymes Can’t Keep Settlement of Unpaid Overtime Claim Confidential
Posted on May 23, 2018
The Situation: An employer decides to settle a claim brought by an employee under the FLSA for unpaid overtime.  The employer would like to keep the settlement confidential—is that okay? the ruling Most…...
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Is a No-Spanish Policy Discriminatory?
Posted on May 16, 2018
The Situation: A retail company rolls out a new policy prohibiting employees from speaking Spanish in front of customers.  At one store, a manager takes it a step further and tells…...
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Can Straight Employee Bring a Claim for Reverse Discrimination?
Posted on May 9, 2018
The Situation: A heterosexual employee posts an anti-LGBTQ comment on Facebook. She claims that after learning about this post, her supervisor, a member of the LGBTQ community, begins treating her differently…...
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Just What is a “Suitable Space” for a Nursing Mother?
Posted on May 2, 2018
The Situation: An employee returns to work after having a child and requests that she be provided with a place to express breastmilk.  The law mandates that employers provide employees with…...
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Can Setting Pay Based on Prior Salary Equal Discrimination?
Posted on April 25, 2018
The Situation: An employer sets new employees’ salaries partly based on what they were making previously. If this results in a female employee being paid less than a male employee in…...
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Failing to Keep Time Records Can Come Back to Bite You
Posted on April 18, 2018
The Situation: An employer treats all employees it calls “managers” as exempt under the FLSA and so does not keep any time records for them.  If these employees later bring an…...
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