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.... Read More

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... Read More

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... Read More

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... Read More

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... Read More

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 §... Read More

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... Read More

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... Read More

On July 15, 2020, Virginia became the first state in the country to adopt Coronavirus-related workplace safety mandates. The new standards, which take immediate effect when published during the week of July 27, 2020, are available here.   The emergency temporary standards are designed to establish requirements for employers to control, prevent, and mitigate the spread of... Read More

On July 1, 2020, Virginia leapfrogs from the back of the pack to at least the front half of states in laws that govern the workplace and protect employees. For decades, Virginia was known primarily as an “employment at will” state, where employers had full rein to make their own rules, or not, to govern... Read More