John C. Cook

Overtime Owed- Wage Lawyer in Virginia

August 12, 2024

When it comes to overtime pay, there can be a bit of confusion. However, it is important to understand whether you owed overtime pay or are exempt from overtime. If you have questions or believe that you are owed overtime pay and your employer refuses to pay, please contact our office. Is it illegal not to pay overtime in Virginia? Virginia employers must comply with the Fair Labor Standards Act (“FLSA”). This is a federal law that establishes minimum wage, overtime pay eligibility, recordkeeping, and youth employment standards. Under the FLSA, non-exempt employees are entitled to overtime pay. This is calculated at a rate of one and a half times their regular rate of pay for all hours worked over their normal 40-hour work week. Who is eligible for overtime pay in Virginia? It is critical for employers to correctly classify employees as exempt or non-exempt under the FLSA. Exempt employees are not entitled to overtime pay. Those are generally managers or higher-level professionals. On the other hand, non-exempt employees must be compensated for overtime hours. What are the Virginia overtime laws? In addition to several federal laws, Virginia employers must also comply with the state overtime pay regulations. To

PRESS RELEASE: Cook Prevails in United States Court of Appeals for the Fourth Circuit

August 9, 2024

Partner John C. Cook prevailed in an important case in front of the United States Court of Appeals for the Fourth Circuit. The sexual discrimination case, Nixon v. Kysela, involves a woman who was hired by her boyfriend’s company. When she ended the sexual relationship between the two, she was fired. The United States District Court had ruled in the company’s favor, holding that such a termination is not “because of sex” in violation of the civil rights laws. The Court of Appeals reversed, with a three-judge panel unanimously finding that the District Court had made factual determinations that must be left to the jury and sent the case back to the District Court for trial. The U.S. Courts of Appeals fall just below the U.S. Supreme Court in the federal court system, and some of the best judges in the country serve on those courts. They review decisions of the district court judges. Reversing a decision granting summary judgment is difficult. The courts uphold such decisions every day. Here, the unanimous panel decision speaks strongly in favor of allowing juries to determine factual issues in federal litigation. Mr. Cook said, “it’s hard to win discrimination cases in the federal

Negotiating and Accepting Severance Agreements in Virginia

August 5, 2024

Whether you are an employee or employer, negotiating and accepting severance agreements in Virginia can be a complex matter. This is not a gift or a simple payout. A severance package is a deal, and it needs to be treated as one. We highly recommend having an attorney help you draft and review any severance agreements. Understanding Severance Agreements At its core, a severance agreement is a deal. And a simple one at that. The former employee receives compensation, and the former employer receives various protections. Usually, employers seek a general release of claims, sometimes they ask for confidentiality. They may also request that you avoid speaking negatively of the company once you have been terminated. Basically, you have things that your employer wants when you are terminated. So, you need to negotiate what you are wiling to sell and settle on an appropriate sale price. What is the best way to negotiate a severance package? When you are leaving a company, you may be asked to sign a severance package. This typically contains detailed, complicated legal language. It talks about future compensation and rights to take legal action against the employer. This agreement should also state that you

Attorney for Sexual Assault in the Workplace

July 29, 2024

Sexual assault in the workplace, as well as harassment or abuse, is a widespread problem. It impacts all races, genders, sexual orientations, disability statuses, and many other factors. If you have been the victim of sexual assault in the workplace, you need to speak to an attorney as soon as possible. What is Sexual Harassment? Federal law dictates that it is unlawful to harass a person because of that person’s sex. Sexual harassment is defined by its impact, not its intent. The conduct must be unwelcome to be considered sexual harassment. This can include behaviors such as: Unwelcome sexual advances Verbal or physical harassment of a sexual nature Lewd gestures Leering behavior Requests for sexual favors Inappropriate statements Sexually explicit jokes, emails, or texts Harassment vs. Sexual Assault While these terms may often be used interchangeably, they are not the same. In fact, there are key differences. So, what is sexual assault in the workplace? Sexual assault is defined as “any type of sexual contact or behavior that occurs without the explicit consent of the recipient.” This includes rape, fondling, or inappropriate touching. What to Do After Sexual Assault in The Workplace If you believe that you have been sexually

Labor Laws- Collective Bargaining and Union Attorney

July 22, 2024

United States labor laws allow employees to form unions and engage in collective bargaining with their employers. There are certain rights and responsibilities given to these employees and their employers must also follow the rules defined in state and federal laws. However, these laws can be complex and difficult to understand. Some states limit the ability of unions to get to the bargaining table. We recommend that when engaging in collective bargaining, you work with an experienced union attorney. A skilled labor law attorney can ensure that employers follow the correct laws and procedures during union negotiations. They also represent employees if disputes arise within a union. Labor Laws Each state has its own laws that define the process and procedures an employer must use when negotiating with unions. These laws must remain in compliance with the federal National Labor Relations Act (NLRA). The National Labor Relations Board (NLRB) oversees unions and labor law. Workers in certain industries may not have the right to join a union or organize. Collective Bargaining in Virginia Collective bargaining gives employees the power to negotiate as a group, rather than as individuals. A union may negotiate on the workers’ behalf to reach agreements. These