Blogs

Employment Law

A Practical Guide to FLSA Exemptions

The federal Fair Labor Standards Act (“FLSA”), which applies to nearly all private-sector employers in the United States, establishes an important distinction between (1) non-exempt (a.k.a. hourly) workers, who are subject to the FLSA’s minimum wage and overtime requirements, and (2) exempt (a.k.a. salaried) workers, who are exempt from such requirements. The most common FLSA…

June 14, 2023

Employment Law

Holidays and Calculating FMLA Leave

The Family and Medical Leave Act (FMLA) has been around for about 30 years. It is straightforward in its purpose: to provide eligible employees with unpaid leave to bond with a newborn, newly adopted, or newly placed child, care for a seriously ill child, spouse, or parent, or to care for their own serious health…

June 1, 2023

Employment Law

Remote Work Revolution: Legal Challenges and Telecommuting

The so-called “remote work revolution” has transformed the way we work, with telecommuting becoming the new norm for many businesses in Virginia. As employers and employees adapt to this change, it is essential to understand the employment law challenges that come with remote work. In this blog, we will explore the legal implications of…

May 15, 2023

Employment Law

Elon Musk’s “What Not to Do” Moments – Part 4: Racial Discrimination by Supervisors Should Never be Tolerated!

Recently, in Elon Musk’s “what not to do moments,” Part 3, I blogged about a series of tweets by Musk back in May 2018, that an administrative law judge of the National Labor Relations Board (NLRB) concluded had created an “unlawful threat” under the National Labor Relations Act (NLRA) because Tesla employees could reasonably have…

April 11, 2023

Employment Law

Elon Musk’s “What Not to Do” Moments – Part 3: Just Say No to Twitter!

Elon Musk has become a treasure trove of “what not to do moments” on Twitter for U.S. employers. Recently I blogged about Musk’s twitter exchange dust up with Haraldur Thorleifsson, a disabled Twitter employee, with Musk appearing to question whether Thorleifsson was disabled and to criticize his work ethic. Musk subsequently apologized to Thorleifsson, claiming…

April 6, 2023

Employment Law

FTC Votes to Extend Public Comment Period for Proposed Ban on Non-Competes

The Federal Trade Commission (“FTC”) recently voted to extend the public comment period for its proposed new rule to ban employers from imposing non-competes on their workers. The public comment period was extended by the FTC for 30 days, until April 19, 2023. Originally the public comment deadline had been March 20, 2023. The proposed…

March 20, 2023

Employment Law

Elon Musk’s “What Not to Do” Moments, Part 2: Don’t Forget to Tell Your Employees That They Have Been Terminated!

In Part 1 of Elon Musk’s “what not to do” employment law moments, I wrote about the possible legal risks of a disparate treatment or hostile work environment employment discrimination claim that can arise under the ADA or Title VII when an employer makes disparaging and insensitive comments about an employee’s protected characteristics. In Musk’s…

March 13, 2023

Employment Law

Elon Musk’s “What Not to Do” Moment: Don’t Insult Your Disabled Employees on Twitter!

As a management-side employment law attorney, I spend much of my time advising employers on how to comply with the ADA’s disability accommodations requirements, no easy task, often using examples of what they should avoid. Thank you, Elon Musk, for providing a stark example this week with tweets that were publicly dismissive of Haraldur Thorleifsson,…

March 9, 2023

Employment Law

Equal Pay and Your Workplace: What Employers Need to Know

Equal Pay Day was originated in 1996 by the National Committee on Pay Equity to highlight the gap between men’s and women’s wages. The next Equal Pay Day is March 14, 2023. It symbolizes how far into 2023 women must work to earn what men earned in the previous year. Equal pay and pay equality…

March 8, 2023

Employment Law

NLRB Changes Rules for Employee Severance Agreements

On February 21, 2023, the National Labor Relations Board (“NLRB”) issued a significant decision in McLaren Macomb, ruling that an employer may not offer employee severance agreements containing broad confidentiality and non-disparagement restrictions because such restrictions amount to an impermissible waiver of the employees’ rights under the National Labor Relations Act (“NLRA”). McLaren Macomb reverses…

February 24, 2023