Dave Albo – Attorney

The U.S. District Court for the Eastern District of Virginia recently denied an employer’s motion for summary judgment on an employee’s claim of retaliation under the Family Medical Leave Act (FMLA).  In a memorandum opinion issued last month in…

No.  The privacy requirements of the Health Insurance Portability and Accountability Act (HIPAA) generally do not apply to employers.  However, other laws impose similar requirements upon employers receiving employee medical leave and accommodation requests. The Americans with Disabilities Act…

One cannot be convicted of Driving on a Suspended License or Driving Without a Valid license if he didn’t know his license was suspended.  The controlling cases are Bibb v. Commonwealth,  212 Va. 249, 249-50 (1971) (for Driving on…

Question:  Can I be convicted of DUI in Virginia when I wasn’t driving (and wasn’t even intending to drive)?  I was sitting in my parked car, with the engine off, to listen to my radio.  I was in my…

The Arlington County, Virginia government has adopted a “ban the box” policy.  This policy delays criminal record inquiries until later in the hiring process. Proponents of the “ban the box” movement argue that considering criminal records early in the…

In a recent decision, the United States Court of Appeals for the Fourth Circuit confirmed that a viable retaliation suit can proceed in federal court with an untimely discrimination claim. The retaliation claim need not be filed with the…

Yes.  Under the Title VII of the Civil Rights Act of 1964, private employers with 15 or more employees must keep copies of applicants’ resumes for 1 year after they are received or after the hiring decision, whichever occurs…

Yes, according to a recent Court of Federal Claims decision that expands Federal wage and hour law to include a timeliness-of-pay requirement.  The case involves a class action by federal employees forced to work during the shutdown (such as…

With the recent advent of “lifestyle discrimination” protection, the answer is increasingly becoming “no”.  Lifestyle discrimination laws include various statutes enacted across the country spanning topics from tobacco use to personal morality.  While exceptions exist, the law has generally…

Yes, according to recent guidance of the Equal Employment Opportunity Commission (EEOC), although the issue is currently pending before the United States Supreme Court.  The EEOC recently issued guidance that extends the protections of the Pregnancy Discrimination Act (PDA)…