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Unconditional Ownership and Control of a Veteran-Owned Small Business
A small business may only participate in the VA’s Veterans First Contracting Program if it demonstrates that it is unconditionally owned and controlled by a veteran or service-disabled veteran. It is the “unconditional” aspect of the ownership and control requirement …
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U.S. Supreme Court Rejects Class Action Against Wal-Mart
Earlier this week, perhaps the largest Title VII employee class action case ever contemplated was considered by the Supreme Court. Around 1.5 million female Wal-Mart employees claimed discrimination and a class action was initiated. The focus of their claim was …
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Federal Judge in Virginia Holds That Noncompete Included in Settlement Agreement is Reasonable
A Virginia federal district court judge recently held that a noncompetition agreement included in a settlement agreement may be subject to a more liberal standard of reasonableness than a typical noncompete which might be found in an employment agreement. In… -
Fourth Circuit Re-Affirms the Importance of Taking Remedial Measures to Prevent Title VII Liability
The United States Court of Appeals for the Fourth Circuit re-affirmed the importance of employers promptly undertaking remedial measures calculated to eliminate discrimination in order to insulate themselves from liability under Title VII discrimination cases. In this case, the EEOC… -
Spiteful Motives, Lacking Improper Conduct, do not Support Tortious Interference Claim
In a recent opinion, the Supreme Court of Virginia held that actions motivated solely by ill will or personal spite, that don’t include improper conduct, do not support a claim for tortious interference with an at-will contract. The court provided… -
The Fourth Circuit Holds that Athletic Coaches are Volunteers and not Entitled to Overtime Pay
The U.S. Court of Appeals for the Fourth Circuit recently held that a school safety officer who also served as a golf coach for a public high school’s golf team is a volunteer and not entitled to overtime pay under… -
Publicly Available Software Code Can Be a Trade Secret if Compilation is Not Generally Known
A recent Fourth Circuit opinion analyzed when a software compilation can qualify for protection as a trade secret. Â The plaintiff company claimed that although its software used publicly-available mathematical formulas, the combination and implementation of these formulas contained in the… -
Fourth Circuit Holds that Employer May be Liable for Harassment of Employee by Employer’s Client
In EEOC v. Cromer Food Services Inc., 2011 U.S. App. LEXIS 4279 (4th Cir. March 3, 2011), found here, a recent unpublished opinion by the U.S. Court of Appeals for the Fourth Circuit, it was decided that …
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Fourth Circuit Holds that Employer May be Liable for Harassment of Employee by Employer’s Client
In EEOC v. Cromer Food Services Inc., 2011 U.S. App. LEXIS 4279 (4th Cir. March 3, 2011), found here, a recent unpublished opinion by the U.S. Court of Appeals for the Fourth Circuit, it was decided that an employer may …
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Court Holds that Offering Different Severance Packages to Employees Does Not Constitute Disparate Treatment Under Title VII
n a recent opinion, the U.S. District Court for the Eastern District of Virginia describes the critical difference between an employment action that is adverse and one that is not in a case involving disparate severance packages. The central determination …
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