Dave Albo – Attorney

According to the Equal Employment Opportunity Commission, an employer cannot have a blanket policy against employing individuals with criminal records.  In 2012, the EEOC issued guidance stating that such policies have a disproportionately negative impact upon racial minorities.  Prior…

No, according to the 4th Circuit Court of Appeals.  The 4th Circuit recently dismissed such a claim in its decision in Discovery Communications, LLC v. Computer Sciences Corporation, No. 13-1969.  That case involved a chief accounting officer who allegedly…

A recent 4th Circuit decision opens up claims of employer liability for failing to prevent customer harassment of an employee.  Finding that a negligence standard applies to such claims, the 4th Circuit held that the employer may have behaved…

While traditionally the answer is “no,” a recent Federal Court of Appeals decision suggests that, in some circumstances, the answer is now “yes.” Telecommuting appeared as a workplace phenomenon in the 1970s, primarily to reduce fuel consumption during the…

Despite being the most expensive of four bidders, a contractor bidding to install fiber optic cable in Jordan wins its bid protest. This case is a lesson on the use of subcontractors in a small business set-aside contract. A…

The Western District of Virginia Federal Court recently ruled that an employee cannot bring class-action employment and benefits claims against his employer when he previously agreed to arbitrate them.  Reinforcing recent federal decisions favoring employment arbitration, the Court stayed…

A recent federal court decision in the Eastern District of Virginia dismissed an employee’s overtime claim at summary judgment because the employer proved that it relied upon the employee’s own unaltered timesheets in paying the employee.  In the case…

Accidents happen. However, some Virginia police officers routinely cite all motorists who they think caused an accident with the crime of Reckless Driving. Is being in an accident a crime? Briefly stated, no. Reckless Driving is a Class 1 misdemeanor.…

Food to Liquor Ratios Q:  How do I properly calculate my food-to-liquor ratios under Virginia ABC Law?  I have a restaurant with both a beer/wine license and a mixed beverage (distilled spirits) license.  I know that 45% or more…

On March 6, 2014, the U.S. Equal Employment Opportunity Commission issued two new technical assistance publications addressing workplace rights and responsibilities with respect to religious dress and grooming under Title VII of the Civil Rights Act of 1964. The…