Blog: Opinions & Observations
Navigating an EEOC Charge: A Practical Guide for Businesses
April 08, 2025
Let’s face it—receiving a notice from the Equal Employment Opportunity Commission (EEOC) about a discrimination charge can feel like opening Pandora’s box. For many business owners, it’s not just unsettling; it’s downright stressful. But here’s the good news: with the right approach, you can navigate this process effectively and protect your business. Let us walk you through what happens during an EEOC investigation and how to respond in a way that...
Read MoreSupreme Court Simplifies Employer Obligations for FLSA Exemption Compliance
January 17, 2025
Supreme Court Gives Employers a Win by Overturning the Fourth CircuitThe U.S. Supreme Court recently clarified the standard of proof employers must meet to establish that workers are exempt from the Fair Labor Standards Act (“FLSA”) overtime requirements. In doing so, it overturned a decision by Fourth Circuit Court of Appeals, which covers Virginia, that required employers to meet a “clear and convincing” standard when justifying classification of an...
Read MoreThe Future of Non-Compete Agreements: FTC's Final Rule and Its Implications
August 06, 2024
In May, the Federal Trade Commission (“FTC”) published a controversial Non-Compete Clause Final Rule (the “Final Rule”) that impacts almost all non-compete agreements between companies and their employees and contractors – including those already in existence. That Final Rule is scheduled to go into effect on September 4, 2024 (the “Effective Date”).FTC Outlaws Most Non-compete Agreements Effective September 4, 2024.So-called “non-compete agreements”...
Read MoreEEOC Issues Rule Affecting How Employers Must Treat Pregnant Workers
June 10, 2024
Last year, Congress passed the Pregnant Workers Fairness Act (“PWFA”), which requires employers in the private sector with 15 or more employees to provide reasonable accommodations for known limitations related to, affected by, or arising out of pregnancy, childbirth, or “related medical conditions,” unless such accommodations will cause an undue hardship on the employer’s operations. While other laws prohibit discrimination based on pregnancy, the PWFA...
Read MoreNovember 08, 2023
In June 2023, the United States Supreme Court released an opinion in Groff v. DeJoy that affects all employers who are faced with accommodating their employees’ religious practices and beliefs.Title VII of the Civil Rights Act of 1964 prohibits employers from discriminating against employees and applicants based on their religion. The law requires employers to reasonably accommodate an employee’s religious beliefs and practices, unless doing so would...
Read MoreVirginians Can Protect Personal Data under New Virginia Consumer Data Protection Act
March 19, 2021
It is no secret that businesses have been collecting, buying, and selling personal information about consumers for years. It is a safe bet that every time you interact with a company it is recording the information it receives and building a profile on you based on demographic data, such as your shirt size or whether you own a pet, and your personal preferences for consumer goods.Companies use this information to better market their goods and services to...
Read MoreNew Virginia Employment Laws Effective July 1, 2020
June 30, 2020
Virginia has traditionally been viewed as an employer-friendly state. Part of that reputation arises from the fact that it had relatively few wage payment regulations and that state courts were closed to most employment-related claims. Instead, employees had to bring their discrimination claims in federal court, where there were statutory caps to damages, and they had to rely on the Department of Labor and Industry to pursue any wage payment claims....
Read MoreNew Unemployment Benefits Under the CARES Act
April 24, 2020
The recently enacted Coronavirus Aid, Relief and Economic Security Act, known as the CARES Act, includes three new federally-funded programs to provide additional unemployment compensation for workers. While the federal government is providing the funding, the programs will be administered by the states as part of their unemployment insurance systems. What follows is a brief summary of each program.PANDEMIC UNEMPLOYMENT ASSISTANCEThe CARES Act creates...
Read MoreCOVID-19: Helpful Resources for Businesses and Individuals
April 13, 2020
(UPDATED April 22, 2020)Congress passed major legislation to address economic and health problems caused by the COVID-19 pandemic and is currently considering additional changes to the law. Government agencies are regularly providing regulations and guidance for businesses and individuals to understand how these laws affect them and what new benefits are available.We have compiled the links below to help clients and community members locate relevant...
Read MoreWorker Safety During a Pandemic: Handling Employees’ Fear of Exposure and Employees with COVID-19
March 31, 2020
(Last updated April 6, 2020)The COVID-19 pandemic has resulted in unprecedented challenges for employers. While many retail establishments and other businesses have voluntarily or involuntarily shut down and many other organizations are allowing employees to work remotely, others are attempting to remain operating at full or reduced capacity. Those who are maintaining on-site operations may find that some employees refuse to come to work because of...
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