On May 7, 2013, the U.S. Court of Appeals for the District of Columbia Circuit invalidated the controversial rule recently promulgated by National Labor Relations Board (the “Board”). The August 30, 2011 “Notice Rule” is formally known as the…
Question: What is “employment at will?” Does this mean that I have no rights if I’m fired for a bad reason? Answer: “Employment at Will” is the general concept that the employment arrangement is voluntary. The employer can fire…
Question: I can only sleep two to four hours a night. A doctor says I can work only eight hours a day as a result of this. My employer says they’ll fire me if I don’t agree to work…
When a Registered Nurse’s supervisor called her a “drunk” and fired her, despite being aware of the nurse’s previous drug and alcohol addiction, the nurse brought a discriminatory discharge claim against the hospital pursuant to the Americans with Disabilities…
Conventional wisdom says no, but recent legal decisions suggest that it may be possible if the settlement is in good faith. (These decisions have analyzed the terms of the Fair Labor Standards Act (FLSA or Act) that prevent an…
The answer to this question will largely depend on the size of your business. Medium-to-Large Businesses Small Businesses The Patient Protection and Affordable Care Act of 2010, commonly referred to as Obamacare, goes into full effect in 2014;…
Every employer knows that the Fair Labor Standards Act requires that nonexempt employees be paid the federal minimum wage for all time worked and that they receive overtime pay for all hours worked in excess of 40 hours per…
While Virginia strongly adheres to the employment-at-will doctrine, many employers have worried that the Virginia Supreme Court’s recognition of a public policy exception to this doctrine would make employers vulnerable to a host of wrongful discharge claims. However, a…
As a recent lawsuit shows, an employer can generally discipline an at-will employee for such conduct, and may even bring legal action against him or her. (Employment at will is the default and most common employment relationship, allowing termination for any…
The legal implications that social media has on employees and employers is a still-evolving concept; however, courts are increasingly hearing more cases where employers may land themselves in hot water for making employment decisions based on an employee’s internet…