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

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Practice Contacts
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
If a Worker Calls Himself an Independent Contractor, Isn’t that Enough?
Posted on June 27, 2018
The Situation: A worker enters into an independent contractor agreement with a company to provide some general maintenance work.  But then after the worker is injured in an accident, he claims…...
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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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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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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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It Isn’t All About the Ultimate Decisionmaker—Fourth Circuit Vacates Summary Judgment in Favor of Employer in ADEA Case
Posted on January 8, 2014
As employers, we often focus on what knowledge was in the hands of the ultimate decisionmaker at the time a crucial employment decision is made.  However, as the Fourth Circuit…...
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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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