by Austin Griffin | Feb 13, 2020 | Employment & Labor Law
In 2019, Virginia became one of the few states in the nation to pass legislation aimed ataddressing one of the many issues exposed by the #MeToo movement: Non-Disclosure Agreements. Non-disclosure agreements, or NDAs, are a legal contract between two parties agreeing...
by Nick Johnson | Feb 13, 2020 | Employment & Labor Law
Commonly used non-compete restrictions often found in employment agreements are facing mounting scrutiny on a nation-wide level. Several states, such as California, North Dakota, and Oklahoma, have already largely banned the use of non-competes, and many other states...
by Amber Orr | Feb 13, 2020 | Employment & Labor Law
It is time for employers in Virginia to take steps to evaluate their employment records and payroll practices. The Virginia General Assembly enacted an employment records disclosure law requiring employers to furnish current and former employees certain personnel...
by Kristin Zech | Jan 7, 2020 | Employment & Labor Law
For one year only, certain Liberians living in the United States may have a path to permanent residence. Under the Liberian Refugee Immigration Fairness (LRIF) Act, enacted on December 20, 2019, a national of Liberia who has been continuously present in the United...
On behalf of Berenzweig Leonard, LLP | Jul 31, 2019 | Employment & Labor Law
Recent Court Decisions Attempt to Clarify Status and Futures of “Gig Workers” A recent string of legal decisions regarding workers in the “gig economy”, the free market system in which temporary positions are common, point to control as the crux of their...
by John W. Polk | May 6, 2019 | Employment & Labor Law
Biestek v. Berryhill, Acting Commissioner of Social Security, ___ U.S. ___, No. 17-1184 (1 April 2019). For many years, Michael Biestek was a construction worker. Because of the rigors of the work, he developed medical problems: degenerative disc disease, Hepatitis...
by John W. Polk | Apr 2, 2019 | Employment & Labor Law
Nielsen v. Preap, ___ U.S. ___, No. 16-1363 (19 March 2019) If the government arrests an alien, because the government believes that the alien is in the United States illegally and therefore deportable, then generally the alien may apply for release on bond or parole...
by John W. Polk | Mar 25, 2019 | Employment & Labor Law
Dawson v. Steager, ___ U.S. ___, No. 17-419 (20 February 2019) In McCulloch v. Maryland, 4 Wheat. 316 (1819), the Supreme Court invoked the Constitution’s Supremacy Clause to invalidate Maryland’s attempt to tax the Bank of the United States. Chief Justice Marshall...
by Nick Johnson | Mar 14, 2019 | Employment & Labor Law
Despite growing national attention and even certain state legislative action, many states continue to allow employers to widely use non-compete agreements that restrict an employee from competing against the employer’s business. These restrictive covenants generally...
On behalf of Berenzweig Leonard, LLP | Nov 14, 2018 | Employment & Labor Law
Mount Lemmon Fire District v. Guido, ___ U.S. ___, No. 17-587 (6 November 2018) Age Discrimination in Employment Act (ADEA) Faced with a budget shortfall, Mount Lemmon Fire District, a political subdivision in Arizona, laid off its two oldest full-time firefighters....
