Blogs

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

Business and Financial Services

Proactive Steps to Protect Trade Secrets

Trade secret protection depends as much on preventive measures as it does on the underlying value of the information itself. In this Bean, Kinney & Korman article published in the BKK Business Law Newsletter, James V. Irving explains that the Virginia Trade Secrets Act protects confidential business information only if three conditions are met: the information qualifies as a trade secret, the owner takes reasonable steps to maintain secrecy, and the person using the information knows or should…

September 1, 2013

Employment Law

Fourth Circuit Joins D.C. Circuit in Striking Down NLRB’s Employee Rights Notice Posting Rule

In June 2013, the Fourth Circuit joined the United States Court of Appeals for the District of Columbia Circuit in vacating the National Labor Relations Board’s “notice posting rule” (the “rule”). The controversial rule would have impacted nearly six million employers, the majority of which are small businesses. The rule issued by the National Labor…

August 16, 2013

Employment Law

Administration Postpones Health Care Reporting and Penalties Until 2015

On Tuesday, July 2, the Treasury Department announced that the Obama Administration will delay the Affordable Care Act’s mandatory employer and insurer reporting requirements for another year. These requirements will not take effect until 2015 while the Treasury Department works out new rules to help businesses navigate the complexities of the health care mandate. The…

July 3, 2013

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