Recent news stories of airline passenger demands to fly with emotional support peacocks and donkeys have provided some laughs, but in the employment law context, employee requests for accommodation of service animals are no laughing matter. Employers have seen an uptick in such requests, which have expanded from the traditional Seeing Eye dog to include…

The Department of Labor (DOL) requires that all employers subject to the Fair Labor Standards Act (FLSA) post and keep posted a notice explaining employee minimum wage and overtime rights under the Act. The notice must be posted in a conspicuous place at each work location. While there is no statutory penalty or fine for…

Data is power. Most people do not know what the people around them earn or what incentives might be available. Start with your friends in the industry and be willing to share your own information. Ask males and females. Men commonly have these exchanges. Keep your sources confidential. Refer to “data” you’ve collected. Check external…

In a recent decision, a U.S. District Court acknowledged the “janitor rule” in determining a non-compete clause was so broad that it was unenforceable. Under the janitor rule, if the restriction is so broad that it would prohibit an employee from working in any capacity for a competitor, even as a janitor, then it’s very…

In evaluating non-competition or other restrictive covenants in employment contracts, courts currently have no authority under Virginia law to “blue pencil” or otherwise re-write an illegal or unenforceable provision in an attempt to make it enforceable. Thus, it is imperative that non-compete and non-solicitation agreements be drafted with an understanding of current Virginia law and…

The Supreme Court of the United States ruled on May 21, 2018 that employers were permitted, as a condition of employment, to require an employee to sign an agreement to individually arbitrate Fair Labor Standards Act (FLSA) claims for unpaid wages or overtime, and to waive his/her right to participate in a class action litigation…

Earlier this month the Department of Labor (DOL) issued a new opinion letter providing clarity on the issue of when an employee’s travel time is compensable.  DOL opinion letters are official policy statements upon which employers may rely when faced with wage and hour challenges or litigation.  Although such letters are only intended as guidance…

The Labor Department has changed its policy of not policing tip pools. The agency recently issued a bulletin to all staff instructing them to assess violations dating back to March 23, 2018, on employers who either keep tipped workers’ tips or share those tips with management staff. This instruction is based on the new law…

Employers will not have to wait much longer for the U.S. Supreme Court’s decision regarding whether employment agreements which waive class-actions and mandate arbitration are enforceable, notwithstanding certain provisions of the National Labor Relations Act (NLRA). This decision will likely impact employers and employees across the country; some 25 million employees nationwide are estimated to…

The U.S. Supreme Court has rejected a long-established principle that FLSA overtime exemptions must be narrowly construed against employers.  The Court set aside its previous precedent of applying exemptions only to cases that fall “plainly and unmistakably within their terms and spirit,” a standard that compelled lower courts to resolve any close conflict over whether…

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