Yearly Archives: 2015

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 under the statute.   Typically, the Courts have defined “opposition” broadly to include a  variety of conduct in opposition to unlawful employment practices, including both formal grievances [...]

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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 discrimination filed under its jurisdiction, which includes civil rights statutes such as Title VII.  Historically, the EEOC has exercised agency discretion in deciding the extent [...]

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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 to its employees. Under the Family Medical Leave Act (FMLA), qualified employees are entitled to take up to 12 weeks of protected medical leave for [...]

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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 deemed to have left work voluntarily when the employee had no real option to return to the job. By statute, “good cause” does not include leaving work to become self-employed [...]

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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 assignment due to a workplace accident, wage benefits are paid out at two-thirds of the worker’s average weekly wage for a maximum of 500 weeks. Under Social [...]

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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 from $7.50 to $9.47 hour.  Virginia remains on par with the default Federal rate.

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