Entries by Steven Long

Virginia to ratify Equal Rights Amendment

By: Jonathan R. Mook and Colete Fontenot DiMuroGinsberg, PC When the Virginia General Assembly convened in January, ratification of the Equal Rights Amendment (ERA) to the U.S. Constitution was at the top of the agenda. As stated in Section 1, the ERA guarantees: “Equality of rights under the law shall not be denied or abridged […]

Trump’s Executive Order Creates New Uncertainty for Employers

By: Jarrad Wright At the end of September, President Trump issued Executive Order 13950 innocuously titled “Combating Race and Sex Stereotyping,” which has ignited a storm of controversy among employers that do contracting with the federal government. Among other things, the Executive Order bars federal contractors and subcontractors from conducting certain types of racial sensitivity […]

DGRead 20.10.15

Keep a Paper Trail!; Rocket Docket Update; Employee or Contractor? Don’t Misclassify!; DG/30 Milestone

Virginia Law Targets Worker Misclassification

By:  Jayna Genti Companies misclassifying their employees as independent continues to be a hot-button issue throughout the country, and Virginia is no exception. In the last year alone, legislation related to independent contractor misclassification was introduced at the federal level and in at least 20 states. New Jersey and California recently enacted employee misclassification laws, […]

Fourth Circuit Affirms Dismissal of Employee’s FMLA Claim

By:  Jarrad Wright A recent Fourth Circuit opinion is a reminder for all employers to thoroughly document problems with employees before making firing decisions.  In a two to one decision, a Fourth Circuit panel on July 1, 2020 upheld the decision of a Virginia federal district court judge to disregard a jury verdict in favor […]

DGRead 20.10.01

APPA Legal & Regulatory Virtual Conference; Is Virginia Making it Easy for Employees to Take Off with Corporate Secrets and Clients?; Virginia Hikes Minimum Wage; DG/30 Milestone

A New Right to Work: The Old Dominion Adopts New Restrictions on Restrictive Covenants

By: Billy B. Ruhling II Virginia has always allowed employers to impose reasonable restrictions on their employees’ ability to compete after the termination of the employment relationship. While this right was not unfettered, employers could take steps to protect their business by preventing a former employee from taking client relationships with them upon their departure. […]

Virginia Law Targets Worker Misclassification

By:  Jayna Genti Companies misclassifying their employees as independent continues to be a hot-button issue throughout the country, and Virginia is no exception. In the last year alone, legislation related to independent contractor misclassification was introduced at the federal level and in at least 20 states. New Jersey and California recently enacted employee misclassification laws, […]