John C. Cook

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

JOHN COOK NAMED SENIOR FELLOW OF LITIGATION COUNSEL OF AMERICA

SENIOR FELLOW PRESS RELEASE

January 23, 2024

FOR IMMEDIATE RELEASE JOHN COOK NAMED SENIOR FELLOW OF LITIGATION COUNSEL OF AMERICA John Cook, partner of the law firm Cook Craig & Francuzenko PLLC, has been named a Senior Fellow of the Litigation Counsel of America (LCA). John is a litigator whose practice emphasizes the representation of executives, employees, and small businesses in employment law matters, including advice and counsel regarding workplace issues and a wide range of other civil litigation matters. He has represented numerous clients in both federal and state courts and has argued cases before the Eastern and Western Districts of Virginia and the U.S. Court of Appeals for the Fourth Circuit. The Litigation Counsel of America is a trial lawyer honorary society composed of less than one-half of one percent of American lawyers. Fellowship in the LCA is highly selective and by invitation only. Fellows are selected based upon excellence and accomplishment in litigation, both at the trial and appellate levels, and superior ethical reputation. Senior Fellow status in the society is reserved for advanced commitment to and support of the LCA, the Diversity Law Institute and the Trial Law Institute. The LCA is aggressively diverse in its composition. Established as a trial and appellate