Blogs

Employment Law

Does the Pregnancy Discrimination Act Require Employers to Provide Light Duty Accommodations to Pregnant Employees?

Thirty-five years ago, the Pregnancy Discrimination Act (“PDA”) established that it is unlawful for employers with fifteen or more employees to discriminate against pregnant workers “because of or on the basis of pregnancy, childbirth or related medical conditions.” That remains the basic law of the land today. What has remained unclear, however, is whether Congress,…

January 16, 2015

Employment Law

Data Security in a Technological World

The Uniform Trade Secrets Act, adopted by 47 states including Virginia, Maryland, and the District of Columbia, generally defines protectable trade secrets as information that derives independent economic value from not being generally known or readily ascertainable and that is subject to reasonable efforts to maintain its secrecy. In an age of electronic information storage…

September 12, 2014

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