Employment Law Alert: New Overtime Rules Won’t Take Effect on December 1

By: Sands Anderson.

Authors: C. Michael DeCamps, Faith A. Alejandro and Brian G. Muse Yesterday, a Texas federal judge put a halt on the new overtime rules spearheaded by President Obama’s administration that were to take effect on December 1.  Businesses everywhere have gone into overtime to prepare for the new Fair Labor Standards Act (“FLSA”) wage & […]

 

Employee Performance and Disability: A Short Course on Evaluation Under the ADA

By: Bradford King.

Act I:  The Problem Jason is a veteran middle school math teacher who has been in the classroom for more than twenty years. He has never been a strong teacher. The principal who worked with him for the bulk of his twenty-year teaching career was aware of Jason’s weaknesses, but failed to document them as […]

 

Are exotic dancers employees or independent contractors? Fourth Circuit says they are employees

By: Michael Marr.

In May 2016, the Fourth Circuit applied a six-part, economic realities test to determine that two Maryland dance clubs had misclassified their exotic dancers as independent contractors. This case is important for several reasons: understanding the elements of the court’s “economic realities” test;  the application of the court’s “economic realities” test; the legal basis for […]

 

Employers Head Into Overtime Preparing for New Wage and Hour Rules

By: Mike DeCamps.

  The long awaited final rule updating the regulations relating to overtime exemptions for executive, administrative and professional employees was published earlier this week on May 17, 2016. Contrary to all the hoopla that was written about this anticipated final rule, the Obama administration did not wait until Labor Day or the Fourth of July […]

 

NLRB Continues to Allow Certain Rude and Aggressive Employee Behavior as Protected Concerted Activity

By: Mike DeCamps.

The National Labor Relations Board continues to scrutinize employer personnel decisions and workplace policies that arguably trigger the protections of § 7 of the National Labor Relations Act. Recall that this section of the Act guarantees employees “the right to self-organization, to form, join, or assist labor organizations, to bargain collectively through representatives of their […]

 

2016 Virginia Employment Law Pocket Guide

By: Mike DeCamps.

Sands Anderson’s Employment Law Team has released the 2016 Virginia Employment Law Pocket Guide. The guide provides summaries of key Virginia employment statutes and principles of employment law. The summaries are not intended to be a comprehensive analysis of the laws and/or their judicial interpretations. The materials in this Pocket Guide reflect the statutes in effect on July […]