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January 21, 2023

Employers, there is no such thing as a ‘1099 employee’

Employers who misclassify employees as independent contractors are under fire more than ever with Virginia’s 2020 legislation and by the U.S. Department of Labor’s proposed regulations. Employers too often bring on workers under the false premise that they are independent contractors who will, at the end of their services, receive an IRS form 1099-MISC instead […]



January 14, 2023

Employer pay obligations during a work closure

During any time of the year, weather or other factors might prompt an organization to close for some period of time, during which the employer might instruct employees not to work at all or to work remotely. The rules around private sector employers paying employees during a work closure depend on whether the employee is […]



January 7, 2023

Labor Law: A five-step plan to addressing poor performance and conduct

My most often asked question when a client calls with an issue about an employee is, “Why is this person still working there?” I hear stories of poor attendance, aggressive and abusive behavior, harassment, lack of effort, lack of performance, and insubordination — spanning years — and yet there are glowing performance reviews and scant […]



December 31, 2022

Candidates don’t always tell the truth – do background checks

If ever there was an example of why organizations must conduct thorough background checks, it’s U.S. Rep.-elect George Santos, R-N.Y. In December of last year, The New York Times was the first to report that some of his touted biography, including information about his education, career and charity work, was disputed by public records and […]



December 24, 2022

Employer resolutions for 2023

In 2023, there are few simple things employers can do to bring empathy, high performance and legal compliance. These are my top five. 1. Accountability: Employers who set high expectations and then hold employees accountable for meeting those standards for performance and conduct actually improve morale. Most employees value having a clear understanding of the employer’s […]



December 17, 2022

Santa baby, here’s what your female employees want for Christmas

In December 2018, singer Miley Cyrus appeared on “The Tonight Show Starring Jimmy Fallon” and “updated” the 1953 classic song “Santa Baby.” Her new lyrics were met with laughs and calls for empowerment. In truth, they express everything that women want from their workplace — at Christmas and all year. The song is a great […]



December 10, 2022

How ‘Speak Out Act’ will affect sexual harassment concerns in the workplace

Earlier this month Congress passed the “Speak Out Act” designed to address the ongoing issues of sexual assault and sexual harassment in the workplace. Under the law, employers cannot mandate that an employee agree to not disparage or disclose sexual assault or sexual harassment concerns before those concerns arise. The law states, “With respect to […]



December 3, 2022

Why a surviving Chesapeake Walmart employee is Suing Walmart for $50 million

We are still learning the horrific details following the murder of six Chesapeake Walmart employees killed allegedly at the hands of a colleague. Chesapeake police have published a note found on the alleged killer’s phone whereby he states why he was led to the killing. Last week, a Walmart employee who survived the killings but […]



November 26, 2022

Celebrating the holidays at work 2022 style

The holiday season is officially off to the races, and workplaces around the country will be making plans to celebrate. Here are six tips to make the season happy, bright, inclusive and not litigious. 1. Decorating – Employees and customers enjoy seeing decorated workplaces, with trees, lights, wrapped boxes and wreaths. While some might contend that […]



November 19, 2022

Jury awards former FedEx employee $366 million in discrimination & retaliation suit

A federal jury in Texas has awarded former FedEx Corp. employee Jennifer Harris $1.24 million in compensatory and a whopping $365 million in punitive damages following a trial accusing Federal Express of discrimination and retaliation. Harris, a Black woman who worked for FedEx since 2007, started as an account executive and received multiple promotions and […]