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Business and Financial Services

Virginia Attorney General Says Virginia Law Prohibits Discrimination on the Basis of Gender Identity and Perhaps Sexual Orientation

For Virginia employers who have not already updated their EEO policies to include prohibitions against discrimination on the basis of gender identity and sexual orientation, the time may have come to make those changes. Last week, Virginia Attorney General Mark Herring made it official, issuing an advisory opinion in which he concluded that the Virginia’s Human Rights Act’s ban on discrimination on the basis of “sex” also prohibits discrimination on the basis of gender identity and, possibly,…

May 18, 2016

Employment Law

HR 101 from Abercrombie & Fitch

Most human resources professionals know this simple rule governing job interviews: don’t ask candidates about religion. In EEOC v. Abercrombie & Fitch , (2015) Abercrombie’s job interviewer complied with this axiom, but ran afoul of Title VII nonetheless. When Samantha Elauf applied for a position at Abercrombie & Fitch (“A&F”), she was wearing a headscarf or hijab. The interviewer didn’t ask about it during the interview, and Elauf, a practicing Muslim, didn’t mention it or indicate that she…

January 21, 2016

Employment Law

OFCCP Final Rule Prohibits Pay Secrecy Policies by Federal Contractors

Federal contractors, take notice: did you know that it is now illegal as a federal contractor to prevent your employees from discussing their compensation? The Department of Labor’s recent ruling may significantly impact your business and necessitate changes to your policies and practices. Continue reading to determine whether your business will be affected and how.…

January 13, 2016

Employment Law

A Tale of Two Cases: The Perils of Using Temporary Workers

Is your business among the many that utilize contract or temporary employees, workers hired through a third-party staffing agency? Did you know that using temporary workers may subject you to liability under federal employment laws as a joint employer of that worker? Two recent federal appeals court decisions highlight the pitfalls of using temporary workers. Continue reading to see if your business is at risk. The Use of Temporary Workers Has Expanded Since the end of the Great Recession in…

January 13, 2016

Employment Law

The Financial Risks to Employers of Misclassification of Employees as Independent Contractors

Employers, from well-established corporations to start-ups, continue to struggle to understand the legal distinctions between an employee of the business and an independent contractor. The differences can be fundamentally important to the financial well-being of businesses of all sizes, and the difficulties in comprehending the legal nuances go back many decades. More than half a century ago, the U.S. Supreme Court observed in a dispute over whether newspaper boys should be classified as…

November 8, 2015

Employment Law

President Obama to Order Paid Sick Leave for Federal Contract Workers

Federal contractors take notice: on Labor Day 2015, in a display of solidarity with workers and organized labor, President Barack Obama signed an executive order requiring paid sick leave for employees of federal government contractors. By some estimates, the executive order is likely to affect more than 300,000 employees of federal contractors who presently receive…

September 9, 2015

Employment Law

NLRB Ruling in Browning-Ferris Industries Case Is Likely to Have a Significant Impact on Employers who Utilize Contract and Temporary Employees

In a landmark decision on Thursday, the National Labor Relations Board (“NLRB” or “Board”), by a 3-2 vote, determined that its long-standing “joint-employment jurisprudence” had grown “increasingly out of step with changing economic circumstances, particularly the recent dramatic growth in contingent employment relationships, i.e., shift work, contract workers, and temporary employee relationships[,]” across the U.S.

August 31, 2015

Employment Law

Is an Extended Leave Request a Reasonable Accommodation?

Consider the following scenario. You are an employer to which the FMLA and ADA apply. One of your employees has been on unpaid FMLA leave due to medical conditions that have required ongoing treatment by a team of doctors. The employee has exhausted all of his sick leave and paid time off and is nearing…

August 5, 2015

Employment Law

Happy Birthday: The Americans with Disabilities Act Turns Twenty-Five

July 26, 2015 marked the twenty-fifth anniversary of The Americans with Disabilities Act (“ADA”), which created comprehensive federal protections for individuals with disabilities in all areas of public life, including the workplace, providing equal access to the same employment opportunities and benefits available to persons without disabilities. In signing the law into effect twenty-five years…

July 27, 2015

Employment Law

VA Employers’ Liability for Security and Workplace Violence

Violence in the workplace has become a growing concern for businesses and business owners across the country. In Virginia, employers of all sizes are actively considering, many for the first time, whether it would be prudent to have extra security personnel on hand and wondering whether they can be held liable for actions taken by…

July 22, 2015