Blogs

Employment Law

SCOTUS Strikes Down DOMA – Employer Obligations in Virginia, D.C. and Maryland

Employers must take heed and review their employee benefit packages in light of the Supreme Court’s opinion, United States v. Windsor, finding that the Defense of Marriage Act (DOMA) is unconstitutional. The opinion directly impacts employers in the 12 states, including Maryland and the District of Columbia recognizing same-sex marriage. While the impact may not…

July 1, 2013

Business and Financial Services

Pitfalls on Termination: Employer May be Liable for Employees’ Loose Talk

Employers can create unnecessary legal exposure during a termination if managers or supervisors make careless statements about why an employee was fired. In this Bean, Kinney & Korman article published in the BKK Business Law Newsletter, James V. Irving explains that comments made after termination can support claims for defamation, breach of contract, or wrongful discharge if they are inaccurate or inconsistent with the employer’s documented reasons. The article discusses Sewell v. Wells…

July 1, 2013

Employment Law

U.S. Supreme Court Decision Limits Employer Liability in Title VII Cases

Vance v. Ball State University You may be aware of the U.S. Supreme Court decision in Vance v. Ball State University, issued on June 24, 2013, which held that an employer is not strictly liable for a supervisor’s harassment unless the supervisor has the authority to take a “tangible employment action” against the employee. In…

June 27, 2013

Employment Law

Pets in the Workplace: Policies and Guidelines, Part 3

This is the final part of the three part series addressing pets in the workplace. The first post discussed the benefits of allowing pets in the workplace. This second post provided insight into the legal liabilities of having pets in the office and other litigation that has occurred in this area. This final post provides…

May 28, 2013

Employment Law

Pets in the Workplace: Legal Liabilities Part 2

This is part two of the three part series addressing pets in the workplace. The first post discussed the benefits of allowing pets in the workplace. This second post will provide insight into the legal liabilities and other litigation that has occurred in this area. Our final post next week will include information on how…

May 24, 2013

Employment Law

Pets in the Workplace: Part 1

Pet Sitter International’s Take Your Dog to Work Day (“TYDTWDay”) is the first Friday after Father’s Day. It raises questions regarding the legal and practical aspects of allowing pets in the workplace. What policies should be in place prior to opening the doors to your employees’ four-legged friends, whether it’s a permanent policy or a…

May 23, 2013

Business and Financial Services

New I-9 Creates Risk for Employers

The federal government’s revised Form I-9 created new compliance challenges for employers by expanding the form, increasing documentation requirements, and adding complexity to the employment verification process. In this Bean, Kinney & Korman article published in the BKK Business Law Newsletter, James V. Irving explains that the 2013 version of the I-9 became significantly longer and more detailed than prior versions, increasing the likelihood of clerical mistakes and incomplete entries. The…

May 1, 2013

Business and Financial Services

Virginia Non-Competition Law After Home Paramount

The Virginia Supreme Court’s decision in Home Paramount Pest Control Companies, Inc. v. Shaffer continued to reshape the enforceability of restrictive covenants well after the original 2011 ruling. In this Bean, Kinney & Korman article published in the BKK Business Law Newsletter, James V. Irving explains that Home Paramount established a stricter approach to evaluating the “function” element of non-compete agreements, making overly broad restrictions far more vulnerable to challenge. The…

March 1, 2013

Employment Law

Using Consumer Reports as a Pre-Employment Screening Tool

Employers choosing to utilize the consumer report or “credit report” as a method of evaluating potential employees face a myriad of legal pitfalls. Both the Fair Credit Reporting Act and Title VII of the Civil Rights Act of 1964 provide guidelines employers should follow to avoid potential legal liability. The usage of consumer reports as…

January 24, 2013

Employment Law

EEOC Discusses How Not Being Able to Graduate from High School Could Be Considered a Disability

The Americans with Disabilities Act (ADA) prohibits employers from discriminating against qualified individuals with disabilities. The act was amended by the ADA Amendments Act (ADAAA) of 2008 with final regulations being issued in March 2011. A significant change in the ADAAA was an expanded definition of “disability.” For an impairment to be considered a disability…

January 3, 2013