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Richmond, Virginia
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DSGordonLaw.com

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Employment Law Issues

Employee Rights

  • Wrongful Termination
  • Discrimination
  • Sexual Harassment
  • Retaliation
  • Whistleblower Claims

Overtime

  • Unpaid Overtime Wages
  • Minimum Wage
  • Group Actions

Unemployment

  • Unemployment Benefits
  • Hearings
  • Appeals

Government Employee Grievances

  • State Government Employees
  • Local Government Employees
  • Federal Agency Employees
  • Public School Teachers

Employment Law News Blog: August 2017

Is an employee entitled to be reinstated to his or her same position following FMLA leave?

Not exactly.   Under the FLMA, qualified employees are entitled to 12 weeks of leave for a serious medical condition.  At the end of such leave, the employer must reinstate the […]

Are Managers that Investigate Discrimination Protected From Retaliation?

In addition to prohibiting job discrimination on the basis of  race, color, religion, sex, or national origin, Title VII contains an Opposition Clause to protect workers from retaliation for advancing claims […]

EEOC Conciliation Obligations to be Decided by Supreme Court

The U.S. Supreme Court recently heard oral argument in in Mach Mining v. EEOC (S.Ct. 2015).  At issue is the Equal Employment Opportunity Commission’s (EEOC) obligation to resolve administrative complaints of […]

Do Employers Have to Provide Paid Sick Leave?

While Federal and Virginia laws govern some aspects of minimum wages, overtime and medical leave, there is no Virginia law that expressly requires private sector employers to provide paid sick leave […]

Can You Draw Unemployment Benefits if You Resign From Your Job?

If you quit or otherwise leave a job voluntarily, an employee must prove “good cause” in order to receive unemployment benefits.   However, an employee who is forced to resign is not […]

Can You Receive Social Security Disability and Workers’ Compensation Benefits at the Same Time?

The Virginia Workers’ Compensation statute provides wage benefits to workers who are injured by accident at work.  If an employee is unable to return to their job or a light duty […]

2015 Minimum Wage Increases

Although the Federal minimum wage remains at $7.25, more than 20 states will increase their minimum wage for hourly works in 2015.  The new rates will vary by state, ranging […]

EEOC Updates Pregnancy Discrimination Guidelines

The EEOC has issued a July 2014 update to its Pregnancy Discrimination Enforcement Guidelines – the first such update in nearly three decades.  ( See EEOC Pregnancy Discrimination Guidelines  http://www.eeoc.gov/laws/guidance/pregnancy_guidance.cfm )   Under […]

Sarbanes-Oxley Retaliation Update

Following the infamous Enron scandal, Congress enacted the Sarbanes-Oxley Act of 2002. Among its other regulatory provisions, the statute includes retaliation protection for employees of pubic companies that engage in […]

Temporary Conditions Under the Americans with Disabilities Act

     The Americans with Disabilities Act (“ADA”) makes it unlawful for a covered employer to discriminate against a qualified individual on the basis of disability. When asserting rights under the […]

More Momentum For A Minimum Wage Increase

While the Fair Labor Standards Act currently sets the Federal minimum wage at $7.25 per hour, the law permits states and localities to require higher wages within their jurisdiction.   California […]

Department of Labor to Implement New FLSA Regulations for Home Health Care Workers

The Fair Labor Standards Act (“FLSA”) requires most employers pay their employees minimum wages and further mandates overtime pay for all hours in excess of a regular 40 hour workweek.  However, […]

U.S. Supreme Court Rejects Mixed-Motive Instruction for Title VII Retaliation Cases

Title VII of the civil Rights Act of 1964 is the primary Federal statute that prohibits employers from discriminating against employees on the basis of the race, religion, sex and […]

Blue Penciling of Non-Competes in Virginia?

Non-competition agreements, AKA non-competes, are enforceable in Virginia provided that they are drafted in terms that are reasonable with regard to duration, geography and scope.  When a non-compete is facially […]

Supreme Court Clarifies Standard for Supervisor Liability in Harassment Cases

Under Title VII, an employer may be liable for the workplace harassment of employees that is based on sex, race, religion or national origin.   The standard for liability often begins with the […]

EEOC Updates ADA Disability Guidance for Individuals with Epilepsy and Diabetes

The Equal Employment Opportunity Commission (“EEOC”) is the U.S. Agency responsible for administering several anti-discrimination statutes, including the Americans with Disabilities Act (“ADA”). The Americans with Disabilities Act and ADA Amendments Act […]

Successor Liability Found for FLSA Overtime Claim After Asset Purchase

In March 2013, the Seventh Circuit held in Teed, et. al. v. Thomas & Betts Power Solutions, L.L.C, that a buyer of a prior company’s assets could be liable for FLSA […]

Picking Off Lead Plaintiff Ends FLSA Collective Action

Under the Fair Labor Standards Act (“FLSA”) collective actions for unpaid overtime are treated differently than typical “class” actions.  In an FLSA suit, a plaintiff can sue individually and on […]

Can Your Employer Lay Claim to Your Social Media Account?

Your employer sets up personal Twitter and Linked-In accounts for you to help promote their business.  The employment relationship invariably ends, and both parties lay claim to ownership of the accounts.  Who […]

Does the FMLA Provide for a”Light Duty” Return to Work?

The Seventh Circuit recently addressed the interplay of FMLA and “light duty” restrictions in James v. Hyatt Regency Chicago (7th Cir., 2013).   In James, the plaintiff suffered from a visual […]