Category Archives: Employment Law

Over the past few years, the Virginia Supreme Court has evaluated the language contained in restrictive covenants, and clarified the types of non-compete clauses which create permissible restraints on trade under Virginia law.  Over the past few months, the…

In the District of Columbia, an at-will employee generally cannot sue a third party (other than an employer) for causing his or her firing.  This holds true even for a third party strongly adverse to the employee like a…

The Virginia Supreme Court recently answered a question long asked by employment lawyers:  can a court decide a non-competition lawsuit just by reviewing the non-competition agreement?  The Court answered “no,” which means that employers now have a better opportunity…

The Patient Protection and Affordable Care Act (PPACA) requires most employers to provide notice to current employees and new hires about the forthcoming health insurance exchanges (termed “Marketplaces” by the Department of Labor), and subsidies that may be available…

The Patient Protection and Affordable Care Act (PPACA) originally set January 1, 2014 as the effective date for employers to fulfill certain reporting provisions on health insurance coverage offered to employees. The IRS pushed back the date to January…

Yes, as shown by a recent Virginia federal decision.  In that case, a company allegedly agreed to buy business information and materials from an ex-employee of a competitor.  The ex-employee was subject to a non-compete, and offered to sell…

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)…

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…

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…

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…