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


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


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


Government Contractors

Insurance Companies

Municipal Employers

Municipal Insurers

Property Management Firms

News and Updates
Virginia Changes The Game On NIL
Posted on April 23, 2024
TRANSACTIONS FOR STUDENT-ATHLETES On April 18, 2024, Virginia governor Youngkin signed into law a statute governing Name Image and Likeness (NIL) payments to student-athletes, the first of its kind in the…...
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Corporate Transparency Act
Posted on February 12, 2024
The new federal Corporate Transparency Act became effective January 1, 2024.  The act requires certain companies in the United States to disclose information regarding its beneficial owners to the US…...
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Final rule under Fair Labor Standards Act on Employee/Independent Contractor Classification Takes Effect
Posted on February 6, 2024
On March 11, 2024, the US Department of Labor’s final rule under the Fair Labor Standards Act (FLSA) on employee/independent contractor classification takes effect.  The new final rule, published on…...
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Eight Crenshaw, Ware & Martin, P.L.C. Attorneys Named to 2022 Best Lawyers® in America List
Posted on August 19, 2021
Norfolk, VA, — Crenshaw, Ware & Martin P.L.C. is pleased to announce that Best Lawyers has recognized four of the Firm’s attorneys as “Best Lawyers in America”, two as “Lawyer of…...
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Op-ed: Clear Evidence for Regional High Speed Connectivity by Darius K. Davenport, Esq.
Posted on May 17, 2021
Cybersecurity and Data Privacy practice group chair, Darius Davenport recently wrote an op-ed for Boulevard Magazine where he highlights the need for regional high speed connectivity. Read more here.…...
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Darius Davenport Elected to Serve as 2021 Norfolk Division Board Chair, Hampton Roads Chamber
Posted on January 4, 2021
Norfolk, VA – Crenshaw, Ware & Martin is proud to announce that partner Darius Davenport was elected as the 2021 Norfolk Division Board Chair for the Hampton Roads Chamber. The…...
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Darius Davenport Appointed to Serve on the Norfolk Innovation Corridor Board of Directors
Posted on December 29, 2020
Norfolk, VA – Crenshaw, Ware & Martin is proud to announce that partner Darius Davenport was appointed to the Norfolk Innovation Corridor board of directors. The 33-member board of directors…...
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Crenshaw, Ware & Martin Promotes Grandy to Partner
Posted on December 28, 2020
Norfolk, VA – Crenshaw, Ware & Martin, P.L.C. is pleased to announce it has elected C. Wiley Grandy as a new partner. Mr. Grandy focuses his practice on complex business litigation,…...
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Video Conferencing Best Practices
Posted on April 24, 2020
Video Conferencing Best PracticesDownload With many employees transitioning from the office to teleworking from home, video conferencing has surged in popularity and demand. Wherever your work takes you, consider these best…...
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Teleworking Data Security Tips
Posted on March 16, 2020
Teleworking Data Security TipsDownload Teleworking data-security is essential to protecting company data when employees are working at remote locations.  Consider these simple tips to encourage your company and employees to maintain…...
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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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