Category: General

        January 6, 2021 was already going to be a momentous day because a joint session of the United States Congress was set to count Electoral College ballots, officially signaling President-Elect Joe Biden’s victory over President Donald Trump in the highly contested 2020 presidential election. The momentous day turned tragic as pro-Trump… Continue reading Help! I Just Saw My Employee on Television Storming the Capitol. Can I Fire Him?

Sex and the workplace usually don’t mix well.  In these days of virtual work from home, sex continues to be an issue, even with fewer employees in the workplace.   OnlyFans is a content subscription service where content creators earn money from users (i.e. “fans”) who subscribe to their content.  Celebrities like Michael B. Jordan, Black Chyna, Cardi… Continue reading OnlyFans in the Workplace

Getting treatment for an addiction doesn’t just make good health sense. It makes good legal sense. It could save your job.   Under the Americans with Disabilities Act, an addiction is a disability, meaning your employer is prohibited from discriminating against you because of it, and your employer must provide reasonable workplace accommodations for you.… Continue reading Facing Your Addiction Gives You Legal Protection

On November 16, 2020, Governor Ralph Northam issued a press release stating that he would introduce and support legislation legalizing marijuana in the Commonwealth of Virginia. Northam said:   It’s time to legalize marijuana in Virginia. Our Commonwealth has an opportunity to be the first state in the South to take this step, and we will lead… Continue reading High Times in Virginia: What Does the Changing Marijuana Landscape Mean for Employers and Employees?

We have heard it said that doctors are the worst patients. We know that lawyers can be the worst clients. What happens when your HR consultant gets sued for allegedly failing to follow workplace safety rules? Well, we may find out.   SHRM, the Society for Human Resource Management, just got hit with a large whistleblower… Continue reading When Your HR Consultant Needs HR Help

Many people were left reeling by the recent revelation that famed author, lawyer, and legal analyst, Jeffrey Toobin was suspended by The New Yorker for masturbating in front of co-workers on a work related Zoom call. Toobin claims that he “thought no one on the Zoom call could see [him]” and “thought [he] had muted the Zoom video.” Twitterverse… Continue reading Workplace Harassment Moves Online: What Does it Mean for Employers and Employees?

Saturday, October 10, 2020 is World Mental Health Day. Researchers estimate as many as 20% of our population is faced with mental health challenges. Many are relatively benign, such as moderate cases of anxiety and depression. Others can be tremendously debilitating, such as bipolar disorder, schizophrenia, and an array of other conditions. All affect one’s… Continue reading Saturday is World Mental Health Day – Understanding Disability Accommodations

The Wage and Hour Division of the Department of Labor recently proposed new rules making it easier for employers to classify workers as independent contractors.   It is first important to know, new federal independent contractor rules will not preempt the new, landmark employment related Virginia Statute that went into effect on July 1, 2020, Va. Code §… Continue reading DOL is Trying to Make it Easier for Employers to Classify Workers as Independent Contractors

Businesses periodically clean house and destroy documents, delete e-mail, and clear hard drives. But you may ask, “When is it safe to destroy business documents?” The answer is: It is permissible to shred documents and delete computer files, unless when the destruction took place you had a duty to preserve that property.   The duty to preserve… Continue reading When is it Safe to Destroy Business Documents?

Recently, the CEO of Tapestry, Inc., parent company to luxury brands like Coach and Kate Spade, abruptly resigned in part because of allegations of personal misconduct. The CEO, Jide Zeitlin’s, employment contract contained the following clause:   You hereby represent and warrant that you are not currently, and have never been, the subject of any allegation or… Continue reading Ghosts of Christmas Past: Can Employers Punish Employees for Pre-Employment Conduct in Virginia?