Most Expensive Contractor Wins Bid Protest; Three Cheaper Competitors were Vague on Subcontractor Use.
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 company...
Employee’s WARN Act, COBRA and ERISA Claims Stayed for Arbitration
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 the...
Overtime Claim Dismissed Where Employer Relied on Employee’s Timesheets
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 of...
How Does a Restaurant Properly Calculate Its Food-to-Liquor Ratios?
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 of...
EEOC Releases Guidance on Workplace Accommodations for Religious Dress and Grooming
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 EEOC...
Is a company required under federal law to fire a harassing employee?
No, the law does not necessarily require this, although many companies often take this dramatic step to resolve a harassment situation. Yet as the Fifth Circuit U.S. Court of Appeals recently ruled, disciplinary actions less than discharge can often satisfy...
Federal Employee Proves Age Bias by High-Level Supervisor, Yet Claim Dismissed
A civilian DoD employee lost her age-discrimination case last month, even though she successfully proved that her second-line supervisor was biased against older workers. In Jernagin v. McHugh (No. 1:12-cv-1285), the U.S. District Court in Alexandria found that even though...
New Virginia ABC Laws Enacted by the Legislature
Here is a List of Likely New ABC Laws in Virginia for 2014 (All the following bills have passed the House & Senate. The Governor must sign them for them to actually become law on July 1, 2014.) SB 596:...
4th Circuit Reverses Trial Court, Finds Worker’s Wrongful Discharge and Retaliation Claims Should Have Proceeded
In a recent unpublished opinion, the Fourth Circuit decided that a significant portion of an employee’s lawsuit should have proceeded when she was terminated just six days after she complained about age discrimination at work. The case is Buchhagen v....