EEOC Sues Defense Contractor for Employees’ Stereotype-Based Harassment
August 19th, 2011 by JBWK
The EEOC on Wednesday sued defense contractor DynCorp International in the Eastern District of Virginia for its employees’ alleged harassment after out-of-court settlement talks failed. The basis: male employees harassing a male coworker who didn’t fit the typical gender stereotype of a man. From the EEOC’s press release: According to the EEOC’s complaint, from October […]
Pushing Back Retirement
August 17th, 2011 by JBWK
A recent issue brief from the Center for Retirement Research at Boston College highlights an increasingly important issue for employers: older workers who are putting off retirement in favor of longer careers. The brief, available here, cites several factors causing the increasing average retirement age. Among them, improved health and longevity, more highly educated workers, […]
Post-FMLA Leave as a Reasonable Accommodation
August 16th, 2011 by JBWK
Think you can automatically fire an employee as soon as their FMLA leave expires? Think again. As highlighted by several recent EEOC cases and public guidance meetings, the EEOC has taken a stand against inflexible leave policies that fail to consider whether further unpaid leave after an employee’s FMLA (or non-FMLA) leave expires can be […]
4th Circuit: Job Applicants Not Protected by FLSA’s Retaliation Provisions
August 15th, 2011 by JBWK
In a published opinion released on Friday, the 4th Circuit ruled that a job applicant cannot sue a prospective employer under the FLSA’s anti-retaliation provisions. Natalie Dellinger sued her former employer, CACI, Inc., for FLSA violations. While the lawsuit was pending, she disclosed to her prospective employer, SAIC, that she had sued CACI for FLSA […]
Circuits Split Over Healthcare Law’s Constitutionality
August 12th, 2011 by JBWK
Today the federal Court of Appeals for the Atlanta-based 11th Circuit struck down as unconstitutional the so-called individual mandate of the Patient Protection and Affordable Care Act, which requires all individuals to either purchase health insurance coverage or pay a penalty. The 11th Circuit case has been closely followed because it includes 26 states as […]
Sealing FLSA Settlements
August 11th, 2011 by JBWK
As an employer, you know (or should know) the importance of keeping accurate time records for employees under the FLSA. You’ve probably also have had–in some form–a dispute with an employee over their hours worked or entitlement to overtime. But once that dispute turns into a lawsuit, you may be surprised to learn that even […]
Welcome
August 11th, 2011 by JBWK
Welcome to the new Virginia Employment & Benefits Law blog maintained by Jones, Blechman, Woltz & Kelly’s Employment Law practice group! For those unfamiliar with the firm, we are a full-service law firm serving the Virginia Peninsula and surrounding areas. Please feel free to visit our website to view our attorney bios and browse our […]