Blogs

Employment Law

Virginia Court Clarifies the Rules on Noncompetes and Nonsolicitation Agreements for Nonexempt Employees

On January 27, 2026, the Virginia Court of Appeals issued a pivotal decision interpreting Virginia’s increasingly restrictive approach to employee noncompetition agreements. In Sentry Force Security, LLC v. Barrera, the court resolved a question that had been looming since Virginia first began limiting noncompetes for lower‑paid workers: how far those restrictions extend to customer and…

February 27, 2026

Employment Law

When an EEOC Charge Lands: Essential Steps Employers Must Take

Few workplace events generate as much consternation for employers as receiving notice that an employee or former employee has filed a charge of discrimination with the Equal Employment Opportunity Commission (EEOC). While the arrival of a charge can set off alarm bells, it is important for employers to recognize that the charge is not a…

February 20, 2026

Employment Law

When One Employment Agreement No Longer Works: Navigating Non-Compete Risk in the DMV’s Multi-Jurisdiction Workforce

Many employers have historically treated restrictive covenant agreements as standardized documents, developed once, applied to employees nationwide, and updated only periodically. That approach is becoming increasingly obsolete, particularly in the Washington, D.C., Maryland, and Virginia (DMV) region. Recent legislative changes across these neighboring jurisdictions have reshaped how non-compete agreements operate and, in many cases, whether…

February 19, 2026

Employment Law

Paid Sick Leave Is Back on the Table: What Virginia’s New Proposal Would Change and Why It Matters

Paid sick leave legislation has reemerged in Richmond as a focal point of employment law reforms in Virginia that have been going on since 2020. Current proposed legislation would create paid sick leave obligations for employers that extend well beyond the narrow sector-specific mandate now in place, bringing Virginia closer to the employee paid sick…

January 23, 2026

Employment Law

FLSA Misclassification is a High‑Stakes Compliance Risk for Employers

For many businesses, classifying employees as “exempt” under the Fair Labor Standards Act (FLSA) can feel routine—almost administrative. Yet this single decision often carries with it significant legal and financial consequences. When an employee is treated as exempt from overtime but does not actually meet the FLSA’s strict exemption criteria, as discussed below, the misclassification…

January 22, 2026

Employment Law

Why Employers Often Choose to Settle FLSA Claims — Even When They Have Defenses

When employers are sued under the Fair Labor Standards Act (FLSA), the initial reaction is often to fight the claim on principle. Many employers believe they complied with the law, paid employees fairly, and did nothing wrong – and, in many cases, they may have valid legal defenses. Even so, employers frequently choose to resolve…

January 21, 2026

Employment Law

Does the FMLA Cover Employee Travel Time for Medical Appointments?

Yes, usually, is the short answer set out in a new DOL opinion letter. An employee is permitted to use leave under the Family and Medical Leave Act (FMLA or Act) for work time spent in medical appointments either related to their serious medical condition or those of a qualifying family member. Such FMLA leave…

January 21, 2026

Employment Law

So You Received a DOL Wage & Hour Audit Notice – What’s Next?

Receiving a notice from the U.S. Department of Labor (DOL) Wage and Hour Division can be unsettling for any employer. While some audits are routine, others can quickly expand into broader investigations and, in some cases, lead to private lawsuits under the Fair Labor Standards Act (FLSA). How you respond in the early stages of…

January 20, 2026

Employment Law

Six Employment Law Trends to Watch in 2026: Federal Enforcement and Virginia Updates

As we move into 2026, employers face a rapidly evolving legal landscape shaped by federal enforcement priorities and state-level initiatives. Below are six critical trends that HR professionals, business leaders, and risk compliance officers should monitor closely. 1. Federal Enforcement Realignment: Budget Cuts and Shifting Responsibilities The Department of Labor (DOL) enters 2026 with a…

December 15, 2025

Employment Law

Understanding the Family and Medical Leave Act: The DOL’s Latest Guidance and Practical Application

The Family and Medical Leave Act (FMLA) is a foundational federal law that helps employees balance work and family responsibilities. Enacted in 1993, the FMLA entitles eligible employees of covered employers to take up to 12 workweeks of unpaid, job-protected leave in a 12-month period for specified family and medical reasons. These include the birth…

November 24, 2025