Blogs

Business and Financial Services

Non-Competes in Virginia Civil Settlement Agreements

Virginia courts generally give greater deference to non-competition agreements arising from arm’s-length business transactions than to those imposed in employment relationships. In this Bean, Kinney & Korman article published in the BKK Business Law Newsletter, James V. Irving explains that civil settlement agreements may fall into that more favorable category because the parties are presumed to have relatively equal bargaining power. The article notes that Virginia courts are more likely to…

November 1, 2011

Business and Financial Services

Non-Competition Agreements and Independent Contractors

Virginia courts traditionally analyze non-competition agreements in the employment context, but cases involving independent contractors raise additional questions because the parties are not in a typical employer-employee relationship. In this Bean, Kinney & Korman article published in the BKK Business Law Newsletter, James V. Irving explains that Virginia courts in 2011 enforced several non-compete agreements against independent contractors where the restrictions were narrow, reasonable, and…

September 1, 2011

Employment Law

Part II of II: Legal Considerations When Terminating An Employee

This is part II of my post from Friday. The following procedures provide a basic template that you can tweak to fit your company. Step One—Verbal Warning. Have the employee’s supervisor discuss with the employee the problem that has occurred and the corrective measures that need to be taken. Have another manager sit in on…

August 29, 2011

Employment Law

The Pregnancy Discrimination Act Requires Equal Treatment

The Pregnancy Discrimination Act requires that employers treat pregnant employees the same as non-pregnant employees who suffer from some injury or sickness that occurred outside of work. In our last post, we reviewed the D.C. Fire Department’s change to their pregnancy policy. In this post we take a look at what the Pregnancy Discrimination Act…

June 29, 2011

Employment Law

When are Employee Pregnancy Policies Considered Unequal Treatment?

Earlier this week, D.C. Fire and Emergency Medical Services Department changed its policy regarding pregnant firefighters. The change limits pregnant firefighters to 30-days of light duty during and after pregnancy. Tom Sherwood from NBC 4 in Washington, DC reports: In a move to cut overtime and other administrative costs, the department is now limiting pregnant…

June 24, 2011

Employment Law

Department of Labor Releases “DOL – Timesheet” App for iPhone

The Wage and Hour Division of the Department of Labor recently released a timesheet application on the Apple iTunes store. On May 9, 2011, “DOL – Timesheet” became available for download. The application allows employees to keep track of hours worked and amount of pay owed including overtime. Through the app, employees are able to…

June 8, 2011

Employment Law

Distracted Driver Collects Workers’ Compensation Benefits

A distracted employee driving for work may still be entitled to workers’ compensation benefits even if the distraction contributed to the accident. In this Bean, Kinney & Korman article published in the BKK Employment Law Newsletter, the analysis explains that the Virginia Workers’ Compensation Commission awarded benefits to an employee who was injured in a motor vehicle accident she claimed was caused by a work-related cell phone. The article notes that because the employee was acting within…

May 1, 2011

Employment Law

Employment Legislation from the 2011 Session of the Virginia General Assembly

The 2011 session of the Virginia General Assembly has ended. Below is a summary of employment law legislation that passed both houses during the session. HB 1705. Workers’ compensation; modifications to employee’s home and automobile Authorizes the Workers’ Compensation Commission, in awards entered for incapacity for work, to require the employer to furnish and maintain…

March 21, 2011

Business and Financial Services

Restrictive Covenant as a Restraint of Trade

Virginia courts disfavor restraints on trade and will enforce restrictive covenants only when they are reasonable between the parties and do not harm the public. In this Bean, Kinney & Korman article published in the BKK Business Law Newsletter, James V. Irving explains that BP Products v. Stanley involved a covenant requiring an Alexandria gas station owner to purchase all fuel and petroleum products exclusively from BP. The article notes that the court refused to enforce the covenant because…

September 1, 2010

Business and Financial Services

Sexual Discrimination in the Workplace – Hostile Environment

Hostile work environment claims do not require a single dramatic event; repeated offensive conduct can be enough to violate federal employment law. In this Bean, Kinney & Korman article published in the BKK Business Law Newsletter, James V. Irving explains that the Fourth Circuit revived a lawsuit brought by the EEOC on behalf of a female physician who alleged that the owner of her medical practice repeatedly made sexually explicit comments and crude remarks over a period of years. The article…

July 1, 2010