Blogs

Employment Law

Splits Are Not the Best for Business: Uncertainty after Conflicting Decisions on the Scope of Obamacare Subsidies

The recent decisions by the Fourth Circuit and the D.C. Circuit address a controversy that could have far-reaching consequences for the Patient Protection and Affordable Care Act (the “ACA”). Under the ACA, states and the District of Columbia are authorized to establish health insurance market places (“exchanges”) where each state’s citizens may purchase health insurance.…

August 18, 2014

Employment Law

Fairfax Circuit Court Strikes Down Noncompete as Overbroad – Part 2

Part 1 of this post discussed a suit brought by Wings LLC to enforce a noncompete against two defector employees. The letter opinion said that the noncompete was unenforceable. In this post, I examine the role of noncompetition agreements and when other agreements may be better options in cases such as this one. The Role…

April 28, 2014

Employment Law

Fairfax Circuit Court Strikes Down Noncompete as Overbroad – Part 1

On March 6, 2014, a Fairfax Circuit judge denied a preliminary injunction in a suit brought by Wings LLC to enforce a noncompete against two defector employees. In a letter opinion, Judge Bruce D. White said the noncompete was unenforceable because the geographical limits were overbroad. The ruling is not particularly unprecedented but offers another…

April 15, 2014

Employment Law

U.S. Department of Labor Further Delays Publication of its Final “Persuader” Rules

The U.S. Department of Labor (DOL) has once again delayed publication of its final rule on “persuader activities.” The DOL’s final rule was initially scheduled for publication in November 2013. As that date approached, the DOL rescheduled publication for March 2014. Having now hit that mark, the DOL once more has pushed off publication—this time…

April 2, 2014

Employment Law

No WARNing of Bankruptcy?

Bankruptcy does not automatically eliminate an employer’s obligations under the federal WARN Act, and financially distressed companies can still face significant liability for failing to provide advance notice of mass layoffs or plant closings. In this Bean, Kinney & Korman article published in the BKK Employment Law Newsletter, Andrea Campbell Davison explains how bankruptcy can complicate WARN Act compliance, including disputes over whether a debtor still qualifies as an “employer” and…

April 2, 2014

Business and Financial Services

Department of Labor Further Delays Publication of its Final “Persuader” Rules

The U.S. Department of Labor (DOL) has once again delayed publication of its final rule on “persuader activities.” The DOL’s final rule was initially scheduled for publication in November 2013. As that date approached, the DOL rescheduled publication for March 2014. Having now hit that mark, the DOL once more has pushed off publication—this time without setting a future date. The new date is expected to be announced in the DOL’s Spring 2014 Regulatory Agenda. In June 2011, the DOL published…

April 2, 2014

Employment Law

OFCCP’s Final Rule On Employing People With Disabilities Takes Effect March 24

On March 24, 2014, the final rule published by the U.S. Department of Labor’s Office of Federal Contract Compliance Programs (OFCCP) requiring federal contractors and subcontractors to undertake affirmative action for individuals with disabilities will take effect. The final rule makes changes to the regulations implementing Section 503 of the Rehabilitation Act of 1973, which…

March 20, 2014

Employment Law

Avoiding Pitfalls of Severance Agreements

Severance agreements are commonly used to manage risk when terminating employees, but poorly structured agreements can create unintended legal exposure for employers. In this Bean, Kinney & Korman article published in the BKK Employment Law Newsletter, Rachelle Hill explains that employers should carefully structure releases, avoid attempting to waive future claims, and ensure agreements are executed at the appropriate time—typically at the end of employment—to remain enforceable. The analysis…

January 1, 2014

Employment Law

2013 Virginia Employment Law in Review

In anticipation of a new year, the following is a brief overview of selected notable employment-related cases in Virginia from 2013. These cases involve non-competition agreements, discrimination claims and bankruptcy issues. Each case has components to keep in mind when dealing with employment matters in Virginia. Demurrer Not Proper Challenge Non-Compete Assurance Data, Inc. v.…

December 28, 2013

Employment Law

Sea Change in Virginia Non-Competition Law

Virginia courts continue to view non-compete agreements skeptically, but recent case law may make it more difficult for employees to defeat those restrictions at the earliest stages of litigation. In this Bean, Kinney & Korman article, James V. Irving explains how the Virginia Supreme Court’s decision in Assurance Data, Inc. v. Malyevac shifted the procedural landscape by holding that employers should generally have the opportunity to present evidence supporting the reasonableness of a…

September 24, 2013