Employment Law

Discrimination/retaliation
As many employers and employees know, Virginia is an “at will” or “right to work” employment state. What that means is that generally an employee can quit their job at any time for a good reason, no reason or a bad reason. It also generally means that an employer can terminate an employee for a good reason, no reason, or even a bad reason. However, there are several instances where the law creates exceptions to the general rule of “at will” employment in Virginia. A few of those exceptions include sexual harassment, retaliation for making a complaint about safety in the workplace, etc., discrimination on the basis of disability, race, sex, national origin, etc.

Overtime pay
The FLSA (Fair Labor Standards Act) requires that most employees in the United States be paid at least the federal minimum wage for all hours worked and overtime pay at time and one-halfthe regular rate of pay for all hours worked over 40 hours in a workweek.

The FLSA provides for several exemptions from the overtime pay for employees including executive, administrative, professional and outside sales employees. To qualify for exemption, employees must meet certain requirements regarding their job duties and be paid on a salary basis at not less than $455 per week ($23,660 per year). Job titles alone do not determine whether an employee is exempt. In order for an exemption to apply, an employee’s specific job duties and salary must meet all the requirements of the Department’s regulations and the case law opinions. Damages may include back pay, attorney’s fees and liquidated damages. If you are working greater than 40 hours per week and believe you may be entitled to overtime pay, please call and make an appointment immediately as you may become barred from making a claim if you wait.

Breach of Contract
In rare instances an employer may make a written contract with an employee agreeing not to demote or terminate his or her employment unless there is good cause. In these instances, there may be a cause of action for breach of the employment contract if the employee is demoted or terminated without the requisite good cause. In some instances, even an employee handbook can be considered an employment contract.

Restrictive covenants or “non-compete” agreements, while disfavored, have been a point of litigation as well. If you are under a non-competition agreement and need help understanding or interpreting your restrictions, we can help.