Category: General

Recently, the United States Department of Labor settled claims against six Roanoke restaurants and the restaurant owners, in their personal capacities, Acosta v. El Rodeo-Electric, Inc., et. al., Case No. 7:16-cv-00265. After its investigation, the Department of Labor filed a complaint on behalf of the defendants’ servers and kitchen staffers alleging that the defendant restaurants and… Continue reading Restaurants and Owners Held Responsible for not Paying Fair Wages

Under the Fair Labor Standards Act, certain commercial drivers involved in interstate commerce are exempt from the law’s overtime provisions. In 2008, Congress amended the law to mandate that overtime be paid to employees driving motor vehicles weighing 10,000 pounds or less. On November 17, 2017, the Fourth Circuit Court of Appeals (which includes Virginia)… Continue reading Fourth Circuit Holds Mixed Fleet Truck Drivers Entitled to Overtime Pay

Service and emotional support animals are commonly seen in many public places, ranging from stores to restaurants to airports. They are becoming more prevalent in the work place as well. Recently, the U.S. Equal Employment Opportunity Commission filed suit in the U.S. District Court for the Middle District of Florida against trucking company CRST Expedited… Continue reading EEOC Sues Freight Company for ADA Violation

U.S. Court of Appeals for the Seventh Circuit which covers federal courts in Illinois, Indiana and Wisconsin, recently held in Lively v. Ivy Tech Community College of Indiana that Title VII of the Civil Rights Act of 1964 prohibits discrimination on the basis of sexual orientation. The Court in Hively reasoned that sexual orientation discrimination… Continue reading 7th Circuit Holds that Title VII Protects LGBTQ from Discrimination Based on Sexual Orientation

The Fourth Circuit recently provided clarity to extant joint employer liability under the Fair Labor Standards Act (“FLSA”). Salinas v. Commercial Interiors, Inc., 848 F.3d 125, 141–42 (4th Cir. 2017).   The plaintiffs in the matter, former drywall employees for a subcontractor, brought FLSA, Maryland Wage and Hour, Maryland Wage Payment, and Collection claims against the… Continue reading The Fourth Circuit Provides a New Test for Joint Employment under the FLSA

President Trump recently announced that he would leave in place a 2014 executive order expanding protections for federal workers and government contractors for discrimination based on sexual orientation. The 2014 executive order was in line with the EEOC’s recent position that an allegation of sexual orientation discrimination is necessarily an allegation of sex discrimination under… Continue reading President Trump Keeps 2014 Executive Order

Although it’s a difficult topic to think about, it can be very important to create a will to protect assets upon an untimely death. If one dies without establishing a will, then the state will decide what happens to the person’s property. The state will decide how assets will be divided, and which ones will… Continue reading 3 Things to Consider When Creating a Will

The range of attorneys and the legal services they provide are as varied as the people in our community. Finding the right attorney for you and your case are important for a favorable outcome. Below are a few examples:   Abby and Zev have been married for two years, have no children, and rent an… Continue reading Finding the Right Attorney

Virginia Code §10-107.3(E) mandates the Court to consider both monetary and nonmonetary contributions when dividing the parties marital assets and debts. The following is a list of some of the nonmonetary contributions you may have made during the marriage:     Household Children Spouse Grocery shopping Getting up in the middle of the night Entertain… Continue reading What are Nonmonetary Contributions?