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December 2, 2023
8 tips for celebrating the holidays in the workplace
The holidays are upon us, and workplaces have begun celebrating. This can be a great time of year for cheer with coworkers, but not everyone celebrates and some employees over-imbibe at the holiday events. Here are eight tips to make this time of year work for all employees: 1. Celebrate the holidays. While some may not […]
November 25, 2023
You don’t have a 1099 employee, so stop misclassifying them
Too often I hear the term, “Well, she’s a 1099 employee.” No she isn’t. There is no such thing. Employers need to stop classifying workers as independent contractors. They usually aren’t contractors – they are employees – with all the benefits and employer obligations that go along with that. They can be part-time and occasional […]
November 18, 2023
Lynchburg employer prevails where employee claimed sex-based wage discrimination
Last month, the 4th U.S. Circuit Court of Appeals upheld the dismissal of a lawsuit filed against Lynchburg-based Consolidated Shoe Co., where former employee Ashley Noonan alleged that her employer engaged in sex-based wage discrimination and retaliation. Noonan worked as a graphic designer, and claimed that another male employee, who was a content creator and […]
November 9, 2023
Plaza Azteca to pay $11.4 million for restaurant wage violations
The U.S. Department of Labor announced last week that it recovered $11.4 million in back wages and damages for more than 1,000 employees who worked for Mexican food chain Plaza Azteca, which has locations in Midlothian, Glen Allen, Henrico and Richmond. The $11.4 million recovery includes $5.7 million in back wages owed to workers for wage violations that […]
November 4, 2023
EEOC lawsuit shows how to do everything wrong in claim of same sex harassment
The Equal Employment Opportunity Commission (EEOC) has sued a Pennsylvania grocery chain, Weis Markets, after it terminated an employee accused of sexual harassment when she refused the company’s directive to participate in its Employee Assistance Program (EAP). According to the EEOC, a female supervisor at one of its stores subjected a female employee to unwelcome […]
October 28, 2023
Marshmallow peeps, other Halloween activities can lead to discrimination complaints
Next week, workplaces may celebrate Halloween with activities such as food, drinks, costumes, parties and the like. Many employees enjoy fun holiday activities. But with any actions that vary from the norm in our workplaces, trouble can brew. And unfortunately, it’s hard to know where the “fun” line ends. We are a diverse society — […]
October 21, 2023
Impact of antisemitic remarks on the workplace
Can an employer legally discipline or terminate an employee and/or rescind a job offer over remarks supporting the recent terrorist actions of Hamas against Israel? The short answer is yes. Private sector employers don’t have to consider whether an individual’s statements are protected by the First Amendment to the Constitution. The First Amendment has no […]
Impact of antisemitic remarks on the workplace
Can an employer legally discipline or terminate an employee and/or rescind a job offer over remarks supporting the recent terrorist actions of Hamas against Israel? The short answer is yes. Private sector employers don’t have to consider whether an individual’s statements are protected by the First Amendment to the Constitution. The First Amendment has no […]
October 14, 2023
Sexual assault charges against MLB pitcher are a reminder that finding who is telling the truth is important
After a night of what was described as “rough sex” in 2021, a woman accused Major League Baseball pitcher Trevor Bauer of sexual assault. The league put him on an extended suspension. She unsuccessfully sought a restraining order against him, and prosecutors declined to bring charges. Bauer filed a lawsuit accusing her of defamation; she sued […]
October 7, 2023
Retaliation lawsuit filed by EEOC gives road map for employers on how not to respond to complaints
The Equal Employment Opportunity Commission recently sued Third Bench Holdings LLC on behalf of three employees, contending that they were retaliated against in violation of Title VII of the Civil Rights Act. Title VII prohibits employment discrimination based on race, color, religion, sex and national origin. According to the federal lawsuit filed in the U.S. District Court for the […]