Federal and state laws have been designed to protect disabled individuals from discrimination. Notably, the Americans with Disabilities Act (ADA) and its subsequent amendments provide legal recourse to aggrieved parties. Frequently, the Equal Employment Opportunity Commission (EEOC) pursues litigation on behalf of individuals when it believes their rights have been violated. Here’s what employers should know, […]
Credit reports can help your company make a wide range of decisions, from extending credit to offering employment. And regardless of how you use the reports, the Fair Credit Reporting Act requires you to tell applicants the reason if the data results in an application being denied. A case before the Federal Trade Commission illustrated the point and […]
Most employees are at-will employees, meaning the employer or employee can terminate the employment relationship at any time, for most any reason. However, there are federal laws that govern that employment relationship and place some restrictions on the employer. It’s important for employers to be aware of these laws and understand the basics of how […]
In Virginia, employment relationships are presumed to be “at will,” which means that the employment term extends for an indefinite period and may be terminated by either party for any reason, or no reason at all, upon reasonable notice. Virginia courts “have strenuously adhered” to the presumption of at-will employment. See Nguyen v.CNA Corp., 44 F.3d 234, 237-38 (4th Cir. […]
The distinction between a 1099 independent contractor and a W-2 employee is an important one, as this classification affects federal income tax, social security and Medicare taxes, as well as impacts eligibility for Medicare benefits. It is important that business owners correctly determine whether individuals are employees or self-employed. If a company misclassifies a worker as an […]
In a recently decided case, Update Inc. v. Samilow, the Eastern District of Virginia held that a non-compete agreement with a one-year duration and 50 miles from any office geographic scope was enforceable. There, the plaintiff, Update, Inc. (“Update”), employed defendant, Lawrence Samilow. Update provides eDiscovery and legal staffing services throughout the United States. Samilow was […]
A new year is a good time to review and update human resources / employment policies and procedures. Provided below are eight (8) topics that all employers should review. Review and Plan: Most employers understand that HR problems can derail a business operation. Accordingly, business owners/managers should conduct a review of 2018 HR issues/problems and […]
U.S. Department of Justice official John C. Demers, who heads the Department’s National Security Division, announced yesterday that Brandon Van Grack will now lead the team that enforces the Foreign Agents Registration Act (“FARA”). Mr. Demers described the appointment as signalling a shift “from treating FARA as an administrative obligation and regulatory obligation to one […]
Washington Governor Jay Inslee announced late last week that he is running for President, making him the first sitting governor in the 2020 presidential field. Inslee’s entrance into the presidential race while simultaneously holding his gubernatorial office represents a new risk for investment advisers subject to the Securities & Exchange Commission’s “Pay-to-Play” Rule. The SEC’s […]
Michael Cohen’s testimony on February 27, 2018, before the U.S. House Committee on Oversight and Reform featured several heated exchanges, including one particular line of questioning about the Foreign Agents Registration Act (“FARA”) from Mark Meadows (R-NC). Congressman Meadows suggested during the hearing that Mr. Cohen’s work for several foreign companies obligated him to register […]
Your fellow members; Crenshaw, Ware & Martin, P.L.C. the exclusive Commercial Litigation and Maritime Law Member in Virginia, are pleased to announce an addition of a new practice area of Data Privacy & Security to their IR Global membership. This new position adds further strength to their membership and offers further support for fellow members […]
IR Global, the world’s largest exclusive network of advisory firms is delighted to introduce Merritt Green of General Counsel, P.C. Merritt has joined IR as our exclusive Employment Law (Corporate) Member in US – Virginia. Merritt serves as an outside general counsel to clients by providing guidance on legal issues confronting businesses, non-profit organizations and executives […]