Posts in: Employment Law
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The Virginia Department of Labor and Industry recently enacted emergency workplace safety rules, §16VAC25-220 Emergency Temporary Standard Infectious Disease Prevention: SARS-CoV-2 Virus That Causes COVID-19, in an effort to mitigate COVID-19 risk to workers. This makes Virginia among the…
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New Restrictions on Non-Compete Agreements for Lower-Income Workers in VA (and New Obligations for their Employers)
With all the disruption of COVID-19, some recent developments in Virginia’s employment law may have been overlooked by employers. Among those, Virginia enacted a new law that goes into effect on July 1, 2020 banning covenants not to compete (commonly …
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Impact of COVID-19: New Federal Requirements Pertaining to FMLA and Sick Leave
Congress has made dramatic changes to paid leave requirements that every small and medium-size business must quickly understand. At Protorae Law, we have been monitoring this legislation since it was introduced, and we are ready and committed to providing our …
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Judge Rules FBI Physical Fitness Test Constitutes Illegal Gender Discrimination
Federal District Court Judge Rules that FBI Physical Fitness Test with differing standards for Men and Women Constitutes Illegal Gender Discrimination Under Title VII
Virginia Federal District Court Judge T.S. Ellis granted a disappointed FBI candidate summary judgment in his …
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Importance of Narrowly Tailoring Geographic Limitations in Agreements
Wings LLC, a company that specializes in vehicle interior repair, had its motion for Temporary Restraining Order and Preliminary Injunction denied on March 6th, 2014. Wings was attempting to enforce noncompete and nonsolicitation agreements signed by two of …
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Virginia Supreme Court Allows Employer to Provide Evidence that a Non-compete was Not Overbroad
John Malyevac (the “Employee”) sold computer products for Assurance Data, Inc. (“ADI”). The two parties entered into an employment agreement which contained non-competition, non-disclosure, and non-solicitation provisions.
According to ADI, after resigning from the company, the Employee breached the agreement …
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Virginia Employers Should Give Specific Reasons for Hiring and Promoting to Defend Against Harassment Claims
To the extent employers can, they should keep a record of objective criteria used when choosing one employee over another in the context hiring and promoting employees. Keeping an accurate record of the reasons for employment-related decisions can be useful …
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Supreme Court Limits Employer Liability for Supervisor Actions
Since 1998, it has been held that an employer is liable for workplace harassment by an employee who is a supervisor. However, the question that remained unclear until now was who exactly qualifies as a “supervisor?”
In a recent decision, …
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Former Employee Didn’t Show “Substantial Impairment” for Insufficient Sleep Disability, and Her Retaliation Claim was Defeated by the Former Employer’s Legitimate Reason for Termination
In a recent Fourth Circuit case, the court decided against a former employee because the employer provided a legitimate reason for firing the employee, and the employer’s actions and statements regarding the reasons for firing her remained consistent.
Victoria Anderson …
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“Too Sexy?” “Too Heavy?” Will Employee Appearance Standards be Protected?
Most employers understand that it is illegal to discriminate against someone due to their race, gender, or age in employment decisions. Recent news is now questioning whether it is acceptable to discriminate against existing or potential employees based on their …