Burdens of proof can be a mundane issue to discuss. Addressing the standard by which a fact finder decides a legal claim between opposing parties does not generate much enthusiasm with legal scholars. Nevertheless, the burden...more
Does either party get the benefit of consideration when an employer and an employee disagree about the choice of a reasonable job accommodation for an employee who has sustained a disabling injury? This was an issue when the...more
In the world of labor law, the holidays usually bring some sense of calm to the frenetic events of human resources. With employers and employees taking a rest for religious holidays and the New Year’s celebrations, the pace...more
1/5/2022
/ Coronavirus/COVID-19 ,
Employer Liability Issues ,
Employer Mandates ,
Employment Policies ,
Human Resources Professionals ,
Infectious Diseases ,
OSHA ,
Popular ,
Vaccinations ,
Virus Testing ,
Workplace Safety
Governor Northam and the recently elected Democratic majority in the Virginia legislature have teamed up to dramatically alter the legal landscape in the Commonwealth for LGBTQ+ individuals who are the victims of...more
You run a company that has 75 employees and one of your non-exempt employees has a recurring spinal condition. The employee presents a note from his doctor advising that the employee needs a fifteen minute rest break every...more
The United States Supreme Court ruled on April 2 that automobile service advisors are exempt from overtime pay. The Court’s decision addressed an interpretation of a statute under the Fair Labor Standards Act (“FLSA”). In...more
4/4/2018
/ Appeals ,
Automotive Industry ,
Car Dealerships ,
Exempt-Employees ,
Fair Labor Standards Act (FLSA) ,
Legislative History ,
Navarro v Encino Motorcars ,
Over-Time ,
Reversal ,
SCOTUS ,
Service Advisors ,
Statutory Construction Test ,
Wage and Hour
The guide, written by Sands Anderson’s Employment Law Team and edited by attorney C. Michael DeCamps, provides summaries of key Virginia employment statutes and principles of employment law. The summaries are not intended to...more
2/5/2018
/ At-Will Employment ,
COBRA ,
Court Appearances ,
Criminal Background Checks ,
Employer Liability Issues ,
Employer Mandates ,
Health Insurance ,
Minors ,
Wage and Hour ,
Wage Garnishment ,
Workplace Safety
It’s a fair guess that employment lawyers spend a substantial amount of their time advising clients about the legal issues arising out of employment separations. However, these attorneys likely receive far fewer requests for...more
Yesterday, a Texas federal judge put a halt on the new overtime rules spearheaded by President Obama’s administration that were to take effect on December 1. Businesses everywhere have gone into overtime to prepare for the...more
The long awaited final rule updating the regulations relating to overtime exemptions for executive, administrative and professional employees was published earlier this week on May 17, 2016. Contrary to all the hoopla that...more
The National Labor Relations Board continues to scrutinize employer personnel decisions and workplace policies that arguably trigger the protections of § 7 of the National Labor Relations Act. Recall that this section of the...more
In a unanimous decision issued on April 29, 2015, the United States Supreme Court has unequivocally allowed judicial review of the Equal Employment Opportunity Commission’s (EEOC)’s pre-litigation conciliation efforts, but...more
In this Guide:
- Employment At-Will
- Right to Work
- Employment of Children
- Restrictive Covenants in Employment Contracts
- Virginia Human Rights Act
- Virginians with Disabilities...more
1/30/2015
/ Americans with Disabilities Act (ADA) ,
At-Will Employment ,
Employer Liability Issues ,
Employer Mandates ,
Employment Contract ,
Equal Pay ,
Hiring & Firing ,
Human Rights Code ,
Medical Examinations ,
Restrictive Covenants ,
Right to Work ,
Wage and Hour ,
Whistleblower Protection Policies ,
Workplace Safety
On March 13, 2014, President Obama signed a Presidential Memorandum directing the Department of Labor to update the regulations defining which white collar workers are eligible to receive pay for hours worked over 40 hours in...more
In this guide:
- Employment At-Will
- Right to Work
- Employment of Children
- Restrictive Covenants in Employment Contracts
- Virginia Human Rights Act
- Virginians with Disabilities...more
1/9/2014
/ At-Will Employment ,
Child Labor ,
Disability ,
Employee Rights ,
Employment Contract ,
Equal Pay ,
Genetic Testing ,
Minimum Wage ,
PHI ,
Restrictive Covenants ,
Right to Work ,
Safety Precautions ,
Unemployment ,
Wage and Hour ,
Wage Garnishment ,
Whistleblower Protection Policies ,
Whistleblowers