Employers should review FMLA policies after the Supreme Court’s same-sex marriage decision
In the landmark decision of United States v. Windsor, the Supreme Court struck down the Defense of Marriage Act’s (DOMA) provision which denied federal benefits to gay couples who are legally married in their states. The Department of Labor (DOL) responded...
Ask the Bid Protest Attorney: Are Bid Protests “Worth It?”
We are often asked if pursing a bid protest is worth the time, effort, and money. Obviously, the disposition of any case depends on the facts and circumstances of each case. However, as Newsday today reported, it costs on average...
Can an executive be found personally liable for a company’s failure to pay minimum wages and overtime?
Yes. Unlike other debts owed by a company, unpaid minimum wages and overtime can often be recovered from certain high-level company officials as well as from the company. As the U.S. Court of Appeals for the Second Circuit recently ruled,...
How will recent US Supreme Court rulings affect the workplace?
These rulings will limit companies’ liability for harassment by apparent bosses without full hire-and-fire authority, and will complicate employer benefit plans as applied to same-sex couples, who will have new rights under current employment laws. Definition of Supervisor under Federal...
Can an employee sue when an employer harshly or unfairly criticizes the employee?
Generally no. Employers are entitled to evaluate an employee’s performance and communicate criticisms to the employee and others within the company to resolve performance issues. Most criticism falls within the category of opinion, which cannot defame an employee, and harsh...
Ask the Fairfax-Arlington Criminal Attorneys: Can Police Use a Preliminary Breath Test in a Reckless Driving Prosecution?
Criminal lawyers in Arlington are abuzz over a new Reckless Driving defense stemming from a case appealed from the Arlington County Circuit Court. It is a common fact pattern: a police officer investigates a car accident in which a driver...
Government Contractors Beware: Federal Court Declares Teaming Agreement Unenforceable
Two government contractors entered into a Teaming Agreement for the purpose of working together towards securing a prime contract from the Federal government. The companies, Information Experts, Inc. (“IE”) and Cyberlock Consulting, Inc. (“Cyberlock”), successfully put forward a persuasive bid,...
Employers Can Breathe a Sigh of Relief: D.C. Circuit Invalidates NLRB’s Controversial “Notice Rule”
On May 7, 2013, the U.S. Court of Appeals for the District of Columbia Circuit invalidated the controversial rule recently promulgated by National Labor Relations Board (the “Board”). The August 30, 2011 “Notice Rule” is formally known as the “Notification...
Ask the Employee Rights Attorney: What is “Employment at Will?”
Question: What is “employment at will?” Does this mean that I have no rights if I’m fired for a bad reason? Answer: “Employment at Will” is the general concept that the employment arrangement is voluntary. The employer can fire his...