Blogs

Employment Law

No Severance, No Noncompete: Virginia’s Legislature Raises the Stakes Yet Again

Virginia’s steady march away from employer-friendly noncompete law continues. What began in 2020 as a targeted prohibition on noncompetes for “low-wage” workers has now expanded into a far broader restriction that reaches employees at every level of the organization. With the General Assembly’s passage of Senate Bill 170 (SB 170), Virginia employers must now confront…

March 17, 2026

Employment Law

Déjà Vu All Over Again: The DOL’s New Take on Independent Contractors

Few questions in U.S. employment law have proven as persistent or as disruptive for businesses—as determining whether a worker is an “employee” or an “independent contractor.” Since the Fair Labor Standards Act (FLSA) was enacted in 1938, employers have struggled with a statute that imposes sweeping wage-and-hour obligations on employers for “employees” while offering little…

March 12, 2026

Employment Law

You Are Responsible for Your AI: What Employers Need to Know About EEOC Scrutiny of Hiring and Promotion Algorithms

Artificial intelligence is now embedded in modern hiring, applicant screening, employee promotion, and performance evaluation systems. From resume scanners to video interview analytics and automated promotion recommendations, algorithmic decision tools are becoming increasingly common. But one message from federal enforcement agencies is becoming unmistakably clear: you are responsible for your AI. The U.S. Equal Employment…

March 9, 2026

Employment Law

Virginia Court Clarifies the Rules on Noncompetes and Nonsolicitation Agreements for Nonexempt Employees

On January 27, 2026, the Virginia Court of Appeals issued a pivotal decision interpreting Virginia’s increasingly restrictive approach to employee noncompetition agreements. In Sentry Force Security, LLC v. Barrera, the court resolved a question that had been looming since Virginia first began limiting noncompetes for lower‑paid workers: how far those restrictions extend to customer and…

February 27, 2026

Employment Law

When an EEOC Charge Lands: Essential Steps Employers Must Take

Few workplace events generate as much consternation for employers as receiving notice that an employee or former employee has filed a charge of discrimination with the Equal Employment Opportunity Commission (EEOC). While the arrival of a charge can set off alarm bells, it is important for employers to recognize that the charge is not a…

February 20, 2026

Employment Law

When One Employment Agreement No Longer Works: Navigating Non-Compete Risk in the DMV’s Multi-Jurisdiction Workforce

Many employers have historically treated restrictive covenant agreements as standardized documents, developed once, applied to employees nationwide, and updated only periodically. That approach is becoming increasingly obsolete, particularly in the Washington, D.C., Maryland, and Virginia (DMV) region. Recent legislative changes across these neighboring jurisdictions have reshaped how non-compete agreements operate and, in many cases, whether…

February 19, 2026

Employment Law

Paid Sick Leave Is Back on the Table: What Virginia’s New Proposal Would Change and Why It Matters

Paid sick leave legislation has reemerged in Richmond as a focal point of employment law reforms in Virginia that have been going on since 2020. Current proposed legislation would create paid sick leave obligations for employers that extend well beyond the narrow sector-specific mandate now in place, bringing Virginia closer to the employee paid sick…

January 23, 2026

Employment Law

FLSA Misclassification is a High‑Stakes Compliance Risk for Employers

For many businesses, classifying employees as “exempt” under the Fair Labor Standards Act (FLSA) can feel routine—almost administrative. Yet this single decision often carries with it significant legal and financial consequences. When an employee is treated as exempt from overtime but does not actually meet the FLSA’s strict exemption criteria, as discussed below, the misclassification…

January 22, 2026

Employment Law

Why Employers Often Choose to Settle FLSA Claims — Even When They Have Defenses

When employers are sued under the Fair Labor Standards Act (FLSA), the initial reaction is often to fight the claim on principle. Many employers believe they complied with the law, paid employees fairly, and did nothing wrong – and, in many cases, they may have valid legal defenses. Even so, employers frequently choose to resolve…

January 21, 2026

Employment Law

Does the FMLA Cover Employee Travel Time for Medical Appointments?

Yes, usually, is the short answer set out in a new DOL opinion letter. An employee is permitted to use leave under the Family and Medical Leave Act (FMLA or Act) for work time spent in medical appointments either related to their serious medical condition or those of a qualifying family member. Such FMLA leave…

January 21, 2026