John C. Cook

FTC’s Ban on Non-Competes is the Big News in Employment This Year …. Or is it?

April 29, 2024

This week the Federal Trade Commission upended the world of employment law by passing a final rule banning almost all non-compete agreements for employees and independent contractors. Employees must be informed that their existing non-compete agreements are no longer valid. Existing non-competes for senior executives remain in effect. Non-competes remain legal as part of a contract for the sale of a business, i.e., a seller of a business can be required not to compete with the business they just sold. Business groups cried foul, and the United States Chamber of Commerce and others immediately filed suit to stop the new rule. A non-compete is a contract, generally forced on employees as a condition of employment, that prohibits the employee from working for a competitor, or in the same field as the employer, for one or two years after the employee leaves the employer. The justification for these restrictions is to prevent workers from jumping ship and taking business secrets, clients, customers, and vendors to a competing business. The FTC said the restrictions are an unreasonable restraint of trade, which limit worker mobility and reduce wages and economic growth. Many states have already restricted the scope of allowable non-competes in recent

Is Withholding Tips Illegal in Virginia?

April 24, 2024

Is withholding tips illegal in Virginia? A large portion of Virginia employees who wait tables, serve or mix drinks, open doors, clean hotel rooms, or provide other services, earn tips. In fact, some employees earn more tips than they do wages. If you receive tips as part of your compensation, your legal rights under the wage and hour laws are a bit more complex. This creates many questions. What counts as a tip? How much does your employer have to pay you? Do you have to contribute to a tip pool? Tip Basics While most of these laws will depend on your state, federal and state law dictates that they belong to the employee, not the employer. Your employer may not require you to hand over tips unless one of the following exceptions applies. Tip Credit State law allows the employer to take a tip credit. This means that the employer counts all or part of an employee’s tips toward their minimum wage obligations. So, even though the employer doesn’t technically “take” the employee’s tips, the employer gets to count some tips as though the employer paid them directly to the employee. Virginia allows employers to take a tip credit.

Can Employers Pay Under Minimum Wage in Virginia

April 15, 2024

Virginia minimum wage laws are created to protect employees from exploitation and unduly low pay. But what happens when you are being paid under minimum wage in Virginia? Is it illegal? Does your employer owe you more? Virginia Minimum Wage Laws Virginia minimum wage is set at $12 per hour, based on federal guidelines. These laws ensure that employers fairly compensate employees for the work they complete. Most employees are covered by this law and must be paid at least the minimum wage. Employees who may not fall under the minimum wage laws include: People who work in domestic settings like nannies Individuals who work and earn wages according to the amount of work completed People whose earning capacity is limited by disability Individuals employed by a business with fewer than four employees Who is Exempt from Minimum Wage Laws? Some employees are not covered by standard minimum wage laws. These include: Nonprofit volunteer workers Farm laborers/workers Summer camp employees Golf course caddies Workers under 18 employed by parents or legal guardians Workers under 16, regardless of employer Individuals who are exempt from federal minimum wage Full time students enrolled in work study or an equivalent program Temporary foreign workers

Employment Law FAQ

April 1, 2024

Do you have questions about your employer? There are many laws and regulations that help protect employees, but they can be hard to understand. Here are some of the top employment law FAQ. What laws do employers have to follow when hiring new employees? They must follow anti-discrimination laws. Their hiring decisions cannot be based on race, gender, national origin, age, religion, disability, sexual orientation, gender identity, or military status. Can employers monitor their employees’ internet usage or read their emails? If an employee is using a company computer, and the company’s email and internet, yes, these emails can be read. They are technically company property. However, if the email is clearly private, the answer becomes “maybe not”. The law is not clear, and it is better to err with caution. Can employers listen in on employees’ phone calls while at work? Or access their voice mail messages in the company system? Yes, they can. What laws regulate the wages and hours in my workplace? The Federal Fair Labor Standards Act (FLSA) and Virginia Wage Payment and Overtime Pay Acts require payment of wages on time, and if you are non-exempt and overtime eligible, all overtime pay. How can I

Virginia Employment Law FAQ About Payroll and Bonuses

March 18, 2024

Payroll can sometimes be complex, especially when you add in bonuses. We have compiled a list of the most frequently asked questions about payroll and bonuses to help you. How long does an employer have to correct a payroll when it is wrong in Virginia? They don’t have a window of correction. They have violated the law if they pay late or incorrectly. If your paycheck is not correct, you should contact your HR department as soon as the discrepancy is discovered. Does a company have to pay out my bonus if I quit? It depends on the company policy on bonuses or any contract you may have. Most policies say you need to be employed on the day the bonus is paid in order to get it. But some bonuses, which are based on performance numbers for a given year, must be paid if the year is completed. Is my employer discriminating by not paying a bonus? No. Discrimination may occur when everyone of one race or gender gets a bonus, and others of a different race or gender don’t. However, there are still circumstances where this may be a “perhaps” and it would be best to contact