These are Phyllis Katz's posts

Phyllis Katz is a member of the firm's Local Government and Employment practice groups. She focuses her practice in employment law and working as general counsel to public bodies. For over 25 years Phyllis has represented employers (and, on occasion, employees) in drafting and enforcing employment contracts, developing and advising on personnel policies and the various employment laws, representing clients involved in enforcement actions by the EEOC, Wage and Hour Administration, OFCCP, DOL, and other enforcement agencies. She advises business and individuals on discrimination complaints, termination actions, ADA, FLSA, and FMLA complaints, and employment torts. She is frequently retained to investigate public official and employee misconduct. Phyllis also has an active practice in providing training on all aspects of employment law including sexual harassment, military laws, the Family and Medical Leave Act and the Fair Labor Standards Act.

Another Exception to Employment At-Will

Virginia is known as a stalwart adherent to the doctrine of employment at-will.  The courts in Virginia have long recognized that the employment relationship is for an indefinite term and may be terminated for any reason or no reason, at any time, with or without cause or notice.  This right, known as employment at-will, can […]


Virginia Dept. of Health offers Ebola advice for employers

 Many employers, particularly health care facilities, are concerned about the spread of Ebola through workplace contact(s).  There has been very little guidance until today.  The following link will connect you to the advice that the Virginia Department of Health has just released.  Before implementing any policy where an individual is excluded from employment (either […]


Virginia Significantly Raises Worker Misclassification Fines

Worker misclassification remains a number one target area for both state and federal review.  On July 1, 2014, the  Virginia Workers Compensation Act (the “VWCA”) significantly increased the civil penalties that the state can impose on a Virginia business owner who has failed to insure a worker who should have been insured.    The civil penalty is now up to […]


Conducting Workplace Investigations

Recently, when advising a client who was investigating a complaint of sexual harassment, I had the opportunity to revisit the EEOC’s Enforcement Guidance: Vicarious Employer Liability for Unlawful Harassment by Supervisors (issued on June 18, 1999). The information contained in the Enforcement Guidance provides a useful tool for employers engaging in workplace investigations.  The […]


Supervisors and Managers May Be Personally Liable for Wrongful Discharge

In a case of first impression, the Supreme Court of Virginia declared on November 1, 2012, that a supervisor can be personally liable when the supervisor participates in the wrongful discharge of an employee. This case, Van Buren v. Grubb, presented compelling facts:  A nurse was subjected to severe sexual harassment by her supervisor, who […]


$60 Million and Counting – Lessons from Penn State

On July 23, the NCAA imposed severe monetary and participation sanctions on the Penn State football program with the purpose of bringing about a cultural change at the school.