Employment Law

Compliance and Negotiation

The ability to recognize problems and create solutions before they become an emergency.

The relationship between you and your employees is heavily regulated, both at the state and federal level, based on complex laws and significant judicial decisions. This is an ever-evolving field and we can assist you with the creation and implementation of policies and practices in keeping with the relevant laws and regulations and with drafting agreements that are both lawful and advantageous to your business.

Areas of focus:

  • Employee policies and procedures
  • Hiring and firing decisions
  • Employment agreements
  • Separation agreements
  • Non-compete and non-solicitation provisions
  • Federal and state laws:Title VII, ADA and ADEA, FLSA, FMLA, COBRA, WARN Act, and USERRA

Litigation

The expertise and ability to guide your business through an emergency.

It isn’t always possible to avoid litigation. When claims are asserted against your company, we have the breadth of experience and ability to handle difficult and complex employment law issues. We are capable of taking cases to trial where necessary and vigorously defending your company. Acknowledging that extensive litigation is not always in the best interest of your company, we are also highly skilled at negotiation and finding alternative solutions that are in your company’s best interest.

Areas of focus:

  • Employment discrimination and harassment
  • Retaliation claims
  • Overtime and other wage claims
  • Reasonable accommodation
  • Violations of restrictive covenants
  • Wrongful termination claims

Follow Elaine Hogan’s Blog at www.vaemployerlaw.com

Click here to print the Employer Law Practice Brochure.

 

Practice Contacts
Articles & Presentations

Elaine Inman Hogan, 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)

Elaine Inman Hogan, “Privacy and Social Media in the Workplace”, presented at the Sterling Education Services, Inc. seminar on the “Fundamentals of Employment Law” (April 28, 2015)

Elaine Inman Hogan, “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)

Elaine Inman Hogan, “Wage and Hour Laws”, presented at the Lorman Employment Law Update in Virginia (July 24, 2012)

Employee Handbooks

An employee handbook is an important tool for managing your employees and protecting your company against legal challenges. We can help you revise your current handbook or draft a new handbook customized for your company to provide guidance to employees and management and prevent potential problems.

Human Resource Audits

We can provide a thorough audit of your employee policies, procedures and practices to assess your company’s compliance with federal and state laws and regulations, determine opportunities for improvement, and advise you on best practices going forward.

Representative Clients

Business Owners and Managers

Construction Companies

Employers

Government Contractors

Insurance Companies

Municipal Employers

Municipal Insurers

Property Management Firms

News and Updates
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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Can You Stop an Employee from Signing Emails “In Christ”?
Posted on April 11, 2018
The Situation: An employee for a state agency adds the phrase “In Christ” to his email signature.  The state agency tells him to stop and he eventually loses his job based…...
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Is it Discrimination to Call Someone a Psycho?
Posted on March 28, 2018
The Situation: An employee is a veteran who suffers from PTSD.  His supervisor refers to him as a “psycho” to some of his co workers on a number of occasions. Could…...
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Can Ability to Work Overtime Be an Essential Function of a Job?
Posted on March 21, 2018
The Situation: An employee’s medical condition prevents him from being able to work overtime.  If the employer terminates him as a result, could this be disability discrimination? the ruling Maybe not.  A federal…...
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Workplace Harassment Reporting—Is There an App for That?
Posted on March 14, 2018
The Situation: According to the EEOC and other sources, a large majority of all workplace harassment goes unreported.  Perhaps this is because employees don’t feel comfortable reporting workplace harassment.  But perhaps…...
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Does Refusing a Request to Work Remotely Equal Discrimination?
Posted on March 7, 2018
The Situation: An employee has to be on bed rest for a number of months because of a medical condition.  She requests that you allow her to telecommute.  But because her…...
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Can you Fire an Employee for Telling a Customer He is Gay?
Posted on February 28, 2018
The Situation: An employer terminates an employee after he talks openly about his sexual orientation with a customer.  Could this constitute discrimination under Title VII? the ruling The EEOC has taken the position…...
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Can You Require Employees to Get a Flu Shot?
Posted on February 21, 2018
The Situation: An employer has a policy requiring all new employees to get a flu shot. After a job offer is extended to a certain applicant, she tells the employer that…...
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Does Calling Someone a B*tch Create a Hostile Work Environment?
Posted on February 14, 2018
The Situation: A female employee claims that a male co worker has repeatedly called her a stupid b*tch.  Can she successfully assert a claim for hostile work environment? the ruling It depends on…...
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Can an Employee Assert Defamation Based on Info Given to the EEOC?
Posted on February 7, 2018
The Situation: A former employee files an EEOC charge. The EEOC requests a position statement and the employer provides it.  Can the employee later use that position statement to support…...
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Crenshaw, Ware & Martin, P.L.C. Attorneys Named to Virginia Business Magazine’s 2017 “Legal Elite”
Posted on November 13, 2017
Crenshaw, Ware & Martin is proud to announce that four of the firm’s attorneys have been recognized by Virginia Business Magazine among Virginia’s “Legal Elite” for 2017.  Each year in…...
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Crenshaw, Ware & Martin, P.L.C. Attorneys Named to Virginia Business Magazine’s 2016 “Legal Elite”
Posted on November 30, 2016
Crenshaw, Ware & Martin is proud to announce that five of the firm’s attorneys have been recognized by Virginia Business Magazine among Virginia’s “Legal Elite” for 2016. Steven L. Brinker…...
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Keeping Your Story Straight—The Importance of Consistency to Avoid FMLA Interference Liability
Posted on April 26, 2016
by Elaine Inman Hogan, "The Job Description", published by The Defense Research Institute (April 26, 2016) As employment lawyers, we are all too aware of the importance of consistency and the…...
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EDVA Judge dismisses case against parent company after finding parent was not “Alter Ego” of Virginia subsidiary
Posted on January 28, 2016
Piercing corporate structures remains tough in Virginia, even if only to show jurisdiction. In a discrimination case brought by an employee of a Virginia-based subsidiary against his employer, its controlling…...
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Virginia Business 2015 Legal Elite
Posted on December 1, 2015
The following attorneys have been named “Legal Elite” for 2015 by Virginia Business magazine. C. Wiley Grandy, Young Lawyer Under 40 Elaine Inman Hogan, Labor/Employment Amy Taipalus McClure, Construction W.…...
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Crenshaw, Ware & Martin attorneys appointed to new board positions.
Posted on January 1, 2015
Elaine Inman Hogan has been appointed to the 2015 Board of Directors for the Hampton Roads Society for Human Resource Management.  She will serve on the board as the Director…...
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CWM announces eight lawyers selected for inclusion in 2013 Virginia Super Lawyers® and Rising Stars
Posted on May 1, 2013
Crenshaw, Ware & Martin, P.L.C. is pleased to announce that eight of its lawyers were selected for inclusion in the 2013 Virginia Super Lawyers® and Rising Stars lists appearing in…...
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