Labor and Employment Law

Recent Posts

Virginia Noncompete, Formed After Termination of Employment, Upheld as Reasonable
Posted on 6 Jun 2011 by Lee Berlik

Not all noncompete agreements in Virginia are subject to the restrictive rules governing noncompete agreements formed between employers and employees. Noncompete agreements entered into between two sophisticated parties outside of the employment context... Read More

Williams Mullen: ‘Ban the Box’ Ascendant: States Increasingly Restricting Applicant Criminal Record Inquiries
Posted on 10 Feb 2014 by Williams Mullen

By D. Earl Baggett and J. Nelson Wilkinson On January 1, 2014, it became illegal for Rhode Island employers to ask about criminal convictions on job applications. Employers in that state now face civil rights charges, monetary damages, and even liability... Read More

Discrimination Claims in Virginia Must Be Brought Promptly
Posted on 12 Oct 2010 by Lee Berlik

Virginia is a "deferral state" for Title VII purposes, meaning that it has a state law prohibiting discriminatory employment practices and has a state or local agency (e.g., the Virginia Council on Human Rights ) authorized to grant relief... Read More

A New Employment Law Cause of Action? - COTW #133
Posted on 12 Mar 2013 by Philip Miles

The Case of the Week comes to us from Virginia. I don't usually cover out-of-state law, but this case essentially recognizes a new theory of liability (at least I've never heard of it before) that allows employees to sue individuals, instead... Read More

How Much Is Your Emotional Distress Worth?
Posted on 20 Mar 2013 by Lee Berlik

Federal laws protect whistleblowers from retaliation because the government wants people to report fraud in government contracts. When Weihua Huang, a principal investigator on a National Institutes of Health (NIH) research grant at the University... Read More