Employment Law in Virginia

Employment Law in Virginia
Publication Date: 2016
Available Formats: Print (1100 pages, softcover, 2 volumes)
  Electronic (searchable PDF via flash drive, CD, or immediate download)
  Both Print and Electronic formats
Product #: 858

Information

Content Highlights:
  • Title VII and Reconstruction Era Statutes
  • Equal Pay Acts—Federal and State
  • The Age Discrimination in Employment Act
  • State and Federal Disabilities Acts
  • Federal Discrimination Claims, Virginia Human Rights Act, and Local Deferral Agencies
  • Qui Tam Whistleblower Litigation
  • Government Contractors—Equal Opportunity and Affirmative Action
  • Wrongful Discharge
  • Employment Agreements
  • Unfair Competition
  • Tort Actions
  • Wage and Hour Law
  • Privacy, Testing, Investigations, and Searches
  • Employment of Foreign Nationals
  • FMLA
  • Uniformed Services Employment and Reemployment Rights Act of 1994
  • OSHA
  • COBRA
  • ERISA Litigation
  • The National Labor Relations Act
  • Public Sector Issues
  • Unemployment Compensation

Virtually every action or event in the workplace is touched by state or federal employment law, or both. The field has expanded from the simple concepts of respondeat superior and earlier master-servant law to include the complex and sometimes conflicting standards found in modern statutes such as the Family and Medical Leave Act and the Americans with Disabilities Act.

Employment Law in Virginia's two volumes provide a comprehensive overview of the myriad statutory, regulatory, and common law issues that may emerge from any event in the employment relationship. It covers the complete employment relationship from job recruitment and selection to termination and retirement. .

The 2016 edition is current through the 2016 session of the General Assembly as well as recent federal statutes and regulations and state and federal court decisions. Among the new developments covered in this edition:

  • The joint employer liability doctrine, preventing employers from evading liability under Ttitle VII
  • “False Certification” cases under state and federal qui tam statutes
  • The 2016 Federal “Defend Trade Secrets Act”
  • Protection against sexual orientation and gender identity discrimination by federal contractors
  • The Fair Pay and Safe Workplaces executive order applicable to potential federal contractors
  • Exemption of home care workers from parts of the minimum wage or overtime requirements
  • NLRB holding as to tape and video recordings by employees in the workplace
  • New “quickie election” rules governing union elections
  • A “Ban the Box” executive order limiting criminal background checks for prospective employees of Virginia state agencies

New Multi-Book Discount. Buy ANY 2 books and save 20%, 3 books and save 30%, 4 or more and save 40%. Use coupon code BUYMORE.
Government Attorney? Receive a 30% discount on publications, and a 50% discount on most seminars.
New Virginia Lawyer? (less than three years) Receive a 25% discount on publications and most seminars.


You may also be interested in:


Virginia Employment Practices and Forms

An Employment Law Guide: Employee Rights and Employer Responsibilities in Virginia

The Virginia Lawyer: A Deskbook for Practitioners
     

 

Table of Contents

CHAPTER LIST

1. Title VII And The Reconstruction Era Statutes

2. Equal Pay Acts—Federal And State

3. The Age Discrimination In Employment Act

4. State And Federal Disabilities Acts

5. Federal Discrimination Claims, The Virginia Human Rights Act, And Local Deferral Agencies

6. Qui Tam Whistleblower Litigation

7. Government Contractors—Equal Opportunity And Affirmative Action

8. Wrongful Discharge

9. Employment Agreements

10. Unfair Competition

11. Tort Actions

12. Wage And Hour Law

13. Privacy, Testing, Investigations, And Searches

14. Employment Of Foreign Nationals

15. Family And Medical Leave Act

16. Uniformed Services Employment And Reemployment Rights Act Of 1994

17. Occupational Safety And Health Law

18. COBRA — Continuation Coverage Requirements Of Employee Health Care Plans

19. ERISA Litigation

20. The National Labor Relations Act

21. Public Sector Issues

22. Unemployment Compensation


Volume I


CHAPTER 1: TITLE VII AND THE RECONSTRUCTION ERA
STATUTES


1.1 OVERVIEW
    1.101 The Civil Rights Act of 1964
    1.102 The Civil Rights Acts of 1866 and 1870
    1.103 The Civil Rights Act of 1871
    1.104 The Civil Rights Act of 1871—The Ku Klux Klan Act
    1.105 The Civil Rights Act of 1991
    1.106 The Lilly Ledbetter Fair Pay Act

1.2 EXHAUSTION OF ADMINISTRATIVE REMEDIES
    1.201 In General
    1.202 When Filing Period Begins
    1.203 Filing with Deferral Agency
    1.204 Filing with the EEOC
    1.205 “Right-to-Sue” Letter

1.3 THEORIES OF DISCRIMINATION AND PROOF
    1.301 Disparate Treatment Theory
    1.302 Disparate Treatment Class Actions
    1.303 Mixed Motive Cases
    1.304 Disparate Impact Theory
    1.305 Defenses
    1.306 Remedies

1.4 SEXUAL HARASSMENT
    1.401 Statutory Prohibition
    1.402 Administrative Guidelines
    1.403 Judicial Rulings
    1.404 Types of Harassment
    1.405 Standards of Proof
    1.406 Employer Liability
    1.407 Supervisor Liability
    1.408 Procedure
    1.409 Remedies

CHAPTER 2:  EQUAL PAY ACTS—FEDERAL AND STATE

2.1 INTRODUCTION TO THE FEDERAL EQUAL PAY ACT
    2.101 Overview
    2.102 Employers and Employees Covered

2.2 RIGHTS, RESPONSIBILITIES, AND PRINCIPAL
DEFENSES UNDER THE FEDERAL EQUAL PAY ACT
    2.201 Wage Disparities Based on Sex
    2.202 Purpose
    2.203 Equal Work
    2.204 Components of Equal Work
    2.205 Retaliation
    2.206 Principal Defenses

2.3 PROCEDURAL ISSUES OF THE FEDERAL EQUAL PAY
ACT
    2.301 Statute of Limitations
    2.302 No Administrative Prerequisites to Suit
    2.303 Venue
    2.304 Legal and Equitable Relief; Jury Trials
    2.305 Burden of Proof
    2.306 Discriminatory Intent Need Not Be Proved
    2.307 Agency Enforcement Authority
    2.308 Class Actions

2.4 REMEDIES AND DAMAGES UNDER THE FEDERAL
EQUAL PAY ACT
    2.401 Back Pay
    2.402 Liquidated Damages
    2.403 Costs and Attorney Fees
    2.404 Front Pay
    2.405 Prejudgment Interest
    2.406 Equitable Relief
    2.407 No Punitive or Compensatory Damages for Pain
    and Suffering
    2.408 Criminal Penalties
    
2.5 THE VIRGINIA EQUAL PAY ACT
    2.501 Introduction
    2.502 Rights, Responsibilities, and Principal Defenses
    2.503 Procedural Issues
    2.504 Remedies and Damages

CHAPTER 3: THE AGE DISCRIMINATION IN EMPLOYMENT
ACT


3.1 INTRODUCTION

3.2 COVERAGE AND BASIC ELEMENTS
    3.201 Coverage
    3.202 Basic Elements of Age Discrimination Cases

3.3 PLAINTIFF’S BURDEN OF PROOF
    3.301 In General
    3.302 Inferring Discrimination from Pretextual Explanation
    3.303 Hostile Work Environment
    3.304 Disparate Impact Theory

3.4 EMPLOYER’S DEFENSES AND JUSTIFICATIONS
    3.401 Introduction
    3.402 Statutory Defenses
    3.403 Refuting Employee’s Prima Facie Case
    3.404 After-Acquired Evidence
    3.405 Employee’s Showing That the Offered Justification
    Was Pretextual

3.5 PROCEDURAL ISSUES
    3.501 Filing the Claim
    3.502 Accrual
    3.503 Tolling the Statute of Limitations
    3.504 Class Actions
    3.505 Mandatory Arbitration
    3.506 Surviving Summary Judgment

3.6 REMEDIES AND DAMAGES
    3.601 Introduction
    3.602 Back Pay
    3.603 Hiring or Promotion Orders
    3.604 Front Pay
    3.605 Liquidated Damages
    3.606 Costs and Attorney Fees
    3.607 Interest
    3.608 Punitive and Compensatory Damages
    3.609 Retaliation
    3.610 Criminal Penalties
    3.611 Supervisors Not Personally Liable
    
3.7 VIRGINIA STATE LAW CAUSE OF ACTION FOR AGE
DISCRIMINATION

3.8 RELEASES OF CLAIMS AND SEVERANCE OPTIONS
    3.801 Release of Claims
    3.802 Varied Options for Lay-Off Packages Permissible

CHAPTER 4:  STATE AND FEDERAL DISABILITIES ACTS

4.1 INTRODUCTION

4.2 APPLICABILITY

4.3 “QUALIFIED INDIVIDUAL”
    4.301 “Qualified Individual” Defined
    4.302 Record of Disability, or Perception as Having
    Disability

4.4 CONDUCT PROHIBITED
    4.401 Conduct Related to Terms, Conditions, and Privileges
    of Employment
    4.402 Classes of Conduct Prohibited
    4.403 Reasonable Accommodation
    4.404 Retaliation
    
4.5 LITIGATION ISSUES
    4.501 Standard for Determining Whether an Employer
    Discriminated on the Basis of a Disability
    4.502 Procedural Prerequisites to Filing an ADA Lawsuit
    4.503 Bankrupt Plaintiffs
    4.504 Pleading
    4.505 Effect of Application for Social Security Benefits
    4.506 Admissibility of Receipt of Workers’ Compensation
    Benefits
    4.507 Grievance Files and the Virginia Department of
    Employee Dispute Resolution (EDR)

4.6 MEDICAL EXAMINATIONS, INQUIRIES, AND
DISCLOSURE OF MEDICAL INFORMATION
    4.601 Medical Examinations Generally
    4.602 Impermissible Inquiries
    4.603 Examinations and Inquiries After Offer of
    Employment
    4.604 Permissible Inquiries
    4.605 Employee Medical Examinations
    4.606 Voluntary Medical Examinations
    4.607 Duty of Confidentiality

4.7 DEFENSES
    4.701 Neutral Qualification Standards
    4.702 Risk to Health or Safety of Others
    4.703 Undue Hardship
    4.704 Conflicting Federal Laws
    4.705 Transitory and Minor Impairment Is a Defense to a
    Claim of “Regarded as” Having an Impairment
    4.706 Religion
    4.707 Food Handlers
    4.708 Uncorrected Vision
    4.709 Waiver of Liability

4.8 ENFORCEMENT AND REMEDIES

4.9 THE VIRGINIANS WITH DISABILITIES ACT
    4.901 Overview
    4.902 Employers Covered

4.10 EMPLOYEE RIGHTS AND EMPLOYER RESPONSIBILITIES
UNDER THE VDA
    4.1001 Conduct Prohibited
    4.1002 Definitions
    4.1003 Reasonable Accommodation
    4.1004 Retaliation

4.11 PROCEDURE UNDER THE VDA
    4.1101 The Virginia Office for Protection and Advocacy and
    the DisAbility Law Center of Virginia
    4.1102 Private Cause of Action
    4.1103 Statute of Limitations

4.12 REMEDIES ALLOWED BY THE VDA
    4.1201 Damages
    4.1202 Nonmonetary Relief
    4.1203 Attorney Fees
    4.1204 Exclusive Remedies
    4.1205 The VDA and the 1995 Amendments to the VHRA

APPENDIX 4-1: WHAT EMPLOYERS SHOULD DO TO PREVENT
CHARGES OF A VIOLATION OF THE ADA

CHAPTER 5: FEDERAL DISCRIMINATION CLAIMS, THE
VIRGINIA HUMAN RIGHTS ACT, AND
LOCAL AGENCIES


5.1 INTRODUCTION

5.2 RIGHTS AND RESPONSIBILITIES OF LOCAL HUMAN
RIGHTS AGENCIES
    5.201 Delegation to Local Agencies
    5.202 Virginia’s Local Deferral Agencies
    5.203 Interplay Between the EEOC and Local Deferral
    Agencies
    5.204 Local Agencies Not Designated by the EEOC
    
5.3 LIFE CYCLE OF COMPLAINT FILED WITH LOCAL
AGENCY
    5.301 Filing
    5.302 Investigation
    5.303 Subpoenas
    5.304 Fact-Finding Conference
    5.305 Conciliation Agreement
    5.306 Public Hearing
    5.307 Finding of “Cause” or “No Cause”

5.4 CONSEQUENCES OF LOCAL AGENCY’S FINDING OF
LIABILITY
    5.401 “Right-to-Sue” Letter
    5.402 No Preclusive Effect to Deferral Agency Findings
    5.403 Admissibility of Deferral Agency’s Findings
    5.404 Limited Private Right of Action

5.5 THE VIRGINIA HUMAN RIGHTS ACT
    5.501 Overview
    5.502 Employers Covered

5.6 EMPLOYEE RIGHTS AND EMPLOYER RESPONSIBILITIES
UNDER THE VHRA
    5.601 Conduct Prohibited
    5.602 Retaliation

5.7 PROCEDURE UNDER THE VHRA
    5.701 The Division of Human Rights(DHR)
    5.702 The Complaint
    5.703 The DHR’s Investigative Tools
    5.704 Results of the Investigation
    5.705 Confidentiality
    5.706 Private Cause of Action
    5.707 Decisions Under the VHRA

5.8 REMEDIES UNDER THE VHRA
    5.801 Administrative Action
    5.802 Court Action

5.9 CONCLUSION

CHAPTER 6: QUI TAM WHISTLEBLOWER LITIGATION

6.1 INTRODUCTION
    6.101 What Is a “Qui Tam” Action?
    6.102 The Virginia Fraud Against Taxpayers Act (VFATA)
    and the Federal False Claims Act (FCA)
    6.103 History and Development of the VFATA
    6.104 Federal Incentives for States to Pass False Claims
    Legislation

6.2 DEFINITIONS UNDER THE VFATA AND FCA
    6.201 Any “Person”
    6.202 “Claim”
    6.203 “Knowing” and “Knowingly”
    6.204 “Obligation”
    
6.3 PROHIBITED CONDUCT UNDER THE VFATA
    6.301 Types of Prohibited Conduct Generally
    6.302 Knowingly Presenting False or Fraudulent Claim
    6.303 Knowingly Making or Using False Record or
    Statement Material to a False or Fraudulent Claim
    6.304 Conspiring to Commit Violation of the VFATA
    6.305 Violations Involving Government Property
    6.306 “Reverse False Claims”
    6.307 “False Certification” Cases

6.4 CIVIL PENALTIES

6.5 TREBLE DAMAGES
    6.501 Rationale
    6.502 Limitations on Damages

6.6 LIMITATIONS ON FCA AND VFATA ACTIONS
    6.601 Limitations of Section 8.01-216.8
    6.602 Nonapplicability to Taxes
    6.603 Statutes of Limitations

6.7 PRACTICE MATTERS PRECEDING SERVICE OF THE
COMPLAINT
    6.701 The Disclosure Statement
    6.702 The “Original Source” Exception to the Public
    Disclosure Bar
    6.703 Documentation for the Relator’s Claim
    6.704 Filing Under Seal
    6.705 Working With the Government During the Seal Period
    6.706 Partial Unsealing of the Complaint
    6.707 Intervention or Non-Intervention
    6.708 Service on Defendants
    6.709 Alternative Remedies Under Section 8.01-216.6(H)

6.8 PRACTICE MATTERS FOLLOWING SERVICE OF THE
COMPLAINT
    6.801 Government as Party in Interest
    6.802 Motion to Dismiss

6.9 ANTI-RETALIATION PROVISIONS FOR
WHISTLEBLOWERS
    6.901 Sections 8.01-216.8 of the VFATA and 31 U.S.C.
    § 3730(h) of the FCA
    6.902 Damages Available Under the VFATA and the FCA
    6.903 Anti-Retaliation Protections for State and Local
    Employees

CHAPTER 7:  GOVERNMENT CONTRACTORS—EQUAL
OPPORTUNITY AND AFFIRMATIVE ACTION


7.1 INTRODUCTION

7.2 APPLICABILITY OF LAWS AND REGULATIONS

7.3 EQUAL OPPORTUNITY AND AFFIRMATIVE ACTION
GENERALLY
    7.301 Applicability
    7.302 General Requirements
    7.303 Affirmative Action Programs
    7.304 Other Requirements
    7.305 Enforcement

7.4 AGE DISCRIMINATION

7.5 VETERANS
    7.501 In General
    7.502 Prohibitions
    7.503 Affirmative Action Plan
    7.504 Other Requirements
    7.505 Enforcement

7.6 DISABLED INDIVIDUALS GENERALLY
    7.601 In General
    7.602 Prohibitions
    7.603 Invitation for Applicant to Claim Benefit of
    Section 503
    7.604 Medical Examinations and Information
    7.605 Affirmative Action Plan
    7.606 Enforcement

7.7 DISABLED INDIVIDUALS AND INFORMATION
TECHNOLOGY
    7.701 In General
    7.702 The Standards
    7.703 Exceptions to the Standards

CHAPTER 8: WRONGFUL DISCHARGE

8.1 WRONGFUL DISCHARGE IN VIOLATION OF PUBLIC
POLICY
    8.101 Overview
    8.102 Elements of a Bowman Claim

8.2 CASE LAW DEVELOPMENT
    8.201 Discharge of Employee in the Exercise of a Statutory
    Right
    8.202 Standing Requirements for Bringing a Claim
    8.203 Discharge of an Employee for Refusing to Commit a
    Criminal Act

8.3 DETERMINING THE EXISTENCE OF A PUBLIC POLICY
    8.301 In General
    8.302 Lawrence Chrysler Plymouth Corp. v. Brooks
    8.303 City of Virginia Beach v. Harris
    8.304 Rowan v. Tractor Supply Co
    8.305 Wrongful Discharge Based on the Virginia Wage
    Payment Act

8.4 STATUTORY PREEMPTION OF WRONGFUL DISCHARGE
CLAIMS
    8.401 In General
    8.402 Mannell v. American Tobacco Co
    8.403 Cauthorne v. King
    8.404 Pruitt v. Johnston Memorial Hospital, Inc
    8.405 Porter v. Elk Remodeling, Inc

8.5 INDIVIDUAL LIABILITY FOR BOWMAN CLAIMS

8.6 STANDARD OF PROOF AND DAMAGES

8.7 CONSTRUCTIVE DISCHARGE IN VIRGINIA
    8.701 In General
    8.702 Dowdy v. Bower
    8.703 Molina v. Summer Consultants, Inc
    8.704 Padilla v. Silver Diner
    8.705 Gochenour v. Beasley
    8.706 Barron v. NetVersant-Northern Virginia, Inc
    8.707 Lundy v. Cole Vision Corp
    8.708 Magallon v. Wireless Unlimited, Inc
    8.709 Fereol de Gastyne v. Entrust, Inc
    8.710 Case Evaluation

8.8 CONCLUSION

CHAPTER 9: EMPLOYMENT AGREEMENTS

9.1 INTRODUCTION

9.2 RIGHTS, RESPONSIBILITIES, AND PRINCIPAL
DEFENSES
    9.201 Essential Elements of Employment Contracts
    9.202 Certainty
    9.203 At-Will Employment
    9.204 Noncompete Clauses
    9.205 Oral Contracts
    9.206 Employee Manuals
    9.207 Implied Contracts
    9.208 Intentional Interference with Contractual Relations

9.3 STATUTE OF FRAUDS
    9.301 In General
    9.302 Performance Versus Termination
    9.303 Memorandum
    9.304 Equitable Estoppel

9.4 STATUTE OF LIMITATIONS

9.5 IMPOSSIBILITY

9.6 REMEDIES AND DAMAGES

CHAPTER 10: UNFAIR COMPETITION

10.1 INTRODUCTION

10.2 COVENANTS NOT TO COMPETE
    10.201 In General
    10.202 Factors Determining Enforceability
    10.203 Protection of Employer’s Interests
    10.204 Impact on Employee
    10.205 Impact on Public
    10.206 Rules of Construction
    10.207 Burden of Proof
    10.208 Breach by Employer Releases Covenant
    10.209 Consideration
    10.210 Assignment
    10.211 Relationships Other Than Employer-Employee

10.3 REMEDIES
    10.301 Injunctive Relief: State Court
    10.302 Injunctive Relief: Federal Court
    10.303 Damages
    10.304 Declaratory Judgment

10.4 CHOICE OF LAW

10.5 RESTRAINTS IMPOSED BY LAW
    10.501 In General
    10.502 Solicitation of Former Employer’s Customers
    10.503 Misuse of Confidential Information
    10.504 Statutory Conspiracy to Injure Business
    10.505 Common Law Conspiracy
    10.506 Tortious Interference with Contracts

10.6 THE VIRGINIA UNIFORM TRADE SECRETS ACT
    10.601 In General
    10.602 Customer Lists
    10.603 Novel Combination of Old Information
    10.604 Independent Discovery
    10.605 Readily Ascertainable Information
    10.606 Access to Other Information
    10.607 Maintaining Secrecy
    10.608 Misappropriation by Improper Means
    10.609 Noncompetitive Use
    10.610 Employer Liability
    10.611 Remedies
    10.612 Statute of Limitations

10.7 THE DEFEND TRADE SECRETS ACT
    10.701 Purpose and Operation of the Act
    10.702 Remedies

CHAPTER 11: TORT ACTIONS

11.1 INTRODUCTION

11.2 CONSPIRACY
    11.201 Common Law Conspiracy
    11.202 Statutory Conspiracy

11.3 FRAUD
    11.301 In General
    11.302 Actual Fraud
    11.303 Standard of Proof and Pleading Requirements
    11.304 Statute of Limitations
    11.305 Sea-Land Service, Inc. v. O’Neal
    11.306 Economic Loss Doctrine
    11.307 Source of Duty Rule
    11.308 Fraud Cannot Be Based on Contract

11.4 DEFAMATION
    11.401 Introduction
    11.402 General Principles
    11.403 Defamation Per Se
    11.404 Privilege
    11.405 Damages
    11.406 Procedural Issues

11.5 INFLICTION OF EMOTIONAL DISTRESS
    11.501 In General
    11.502 Negligent Infliction of Emotional Distress
    11.503 Intentional Infliction of Emotional Distress
    11.504 Statute of Limitations
    11.505 Workers’ Compensation Act as Bar

11.6 EMPLOYER LIABILITY FOR EMPLOYEES’ ACTIONS
    11.601 Overview
    11.602 Respondeat Superior
    11.603 Negligent Hiring or Retention
    11.604 No Claim for Negligent Supervision
    11.605 Basis of Liability
    11.606 Nature of the Plaintiff’s Injury
    11.607 Potential Claims of Immunity

11.7 ASSAULT AND BATTERY
    11.701 In General
    11.702 Elements of Claim
    11.703 Sexual Assault
    11.704 Workers’ Compensation Act as Bar
    11.705 Respondeat Superior
    11.706 Common Carriers
    11.707 Statute of Limitations
    11.708 Damages

11.8 TORTIOUS INTERFERENCE
    11.801 Interference with Contract Rights
    11.802 Interference with At-Will Relationships
    11.803 Interference with Contract Expectancy
    11.804 Interference with Prospective Business or Economic
    Advantage
    11.805 Privilege Issues
    11.806 Interference by Co-Employees
    11.807 Statute of Limitations

11.9 OPPRESSION OF MINORITY SHAREHOLDERS
    11.901 In General
    11.902 Elements
    11.903 Burden of Proof
    11.904 Parties
    11.905 Damages

INDEX

Volume II


CHAPTER 12: WAGE AND HOUR LAW

12.1 INTRODUCTION
    12.101 Scope of Chapter
    12.102 Federal Wage and Hour Law
    12.103 State Wage and Hour Laws
    12.104 State Wage Payment Laws
    12.105 Local “Living Wage” Laws

12.2 THE FAIR LABOR STANDARDS ACT—RIGHTS,
    RESPONSIBILITIES, AND PRINCIPAL DEFENSES
    12.201 Scope of Coverage
    12.202 Exceptions to Coverage
    12.203 Minimum Wage
    12.204 Overtime Compensation
    12.205 Equal Pay Act
    12.206 Child Labor
    12.207 Retaliation
    12.208 Time Worked
    12.209 Workweek
    12.210 Recordkeeping and Posting
    12.211 Exemptions from Minimum Wage and Overtime
    12.212 Examples of Common Problems for Employers

12.3 WAGE AND HOUR INVESTIGATIONS AND
ENFORCEMENT PROCEDURES
    12.301 The Enforcement Agency
    12.302 The Audit
    12.303 Request for DOL Opinion
    12.304 Civil Litigation
    12.305 Practical Litigation Considerations

12.4 REMEDIES
    12.401 Employee Claims
    12.402 Civil Monetary Penalties
    12.403 Injunctive Relief
    12.404 Criminal Penalties

APPENDIX 12-1: QUESTIONNAIRE FOR POTENTIAL PLAINTIFF
IN FAIR LABOR STANDARDS ACT CASE

CHAPTER 13: PRIVACY, TESTING, INVESTIGATIONS, AND SEARCHES

13.1 INTRODUCTION

13.2 INVESTIGATIONS IN THE HIRING PROCESS
    13.201 Obtaining Information from Applicants and Former
    Employers
    13.202 Background Investigations by Outside Firms
    13.203 Arrest and Conviction Records
    13.204 Applicants with Prior Military Service
    13.205 The Interview

13.3 TESTING APPLICANTS AND EMPLOYEES
    13.301 Medical Examinations and Inquiries
    13.302 Drug Tests
    13.303 Polygraph Tests
    13.304 Paper and Pencil Honesty Tests

13.4 EMPLOYEE SURVEILLANCE AND SEARCHES
    13.401 Surveillance
    13.402 Searches

13.5 MONITORING EMPLOYEE COMMUNICATIONS
    13.501 In General
    13.502 The Federal Wiretap Statute
    13.503 State Laws
    13.504 Surreptitious Audiotaping or Videotaping of
    Conversations
    13.505 Rules Prohibiting Workplace Recordings
    13.506 Computer Monitoring
    13.507 Accessing Computer Files
    13.508 Voice Mail
    13.509 Unsolicited Email
    13.510 Opening Mail
    13.511 Employer-Issued Electronic Devices
    13.512 Social Media
    13.513 Practical Guidelines for Employers

13.6 CLAIMS ARISING FROM FAILURE TO INVESTIGATE
    13.601 Negligent Hiring
    13.602 Negligent Retention
    13.603 Negligent Supervision

13.7 CLAIMS ARISING FROM EMPLOYER INVESTIGATIONS
    13.701 Implications of Negligent Investigation
    13.702 Breach of Contract
    13.703 Disparate Treatment
    13.704 Defamation Claims Against Employer
    13.705 Intentional Infliction of Emotional Distress
    13.706 Procedure
    13.707 Damages and Remedies

13.8 PRIVACY OF PLANS PROVIDING HEALTH-RELATED
BENEFITS
    13.801 What Is HIPAA?
    13.802 To Whom Does HIPAA Apply?
    13.803 Implementing HIPAA’s Privacy Rules

CHAPTER 14: EMPLOYMENT OF FOREIGN NATIONALS

14.1 INTRODUCTION

14.2 DEFINITIONS
    14.201 Immigrant
    14.202 Nonimmigrant
    14.203 Immigration Status
    14.204 Visa
    14.205 Passport
    14.206 Form I-94
    14.207 Change of Status
    14.208 Adjustment of Status
    14.209 Employment Authorization Document
    14.210 Form I-9
    .211 E-Verify

14.3 GOVERNMENTAL ENTITIES INVOLVED IN THE
IMMIGRATION PROCESS
    14.301 In General
    14.302 Department of Homeland Security
    14.303 Department of State
    14.304 Department of Labor

14.4 NONIMMIGRANT VISAS
    14.401 In General
    14.402 Visitors for Business or Pleasure—The B Visa
    14.403 Visa Waiver Program/ESTA
    14.404 Intracompany Transfers—The L Visa
    14.405 Specialty Occupations—The H-1B Visa
    14.406 The TN Visa
    14.407 Extraordinary Ability Visas—The O-1 Visa
    14.408 E-1 Treaty Trader and E-2 Treaty Investor Visas
    14.409 Certain Specialty-Occupation Professionals from
    Australia: The E-3 Visa
    14.410 Trainees—The H-3 Visa
    14.411 Exchange Visitor Program—The J Visa
    14.412 Students—The F Visa

14.5 IMMIGRANT VISAS
    14.501 In General
    14.502 Employment-Based Immigration Categories
    14.503 Three-Step Permanent Residence Process

CHAPTER 15: FAMILY AND MEDICAL LEAVE ACT

15.1 INTRODUCTION

15.2 COVERAGE
    15.201 In General
    15.202 Employers

15.3 EMPLOYEES ELIGIBLE FOR LEAVE
    15.301 In General
    15.302 “Employed by the Employer for at Least 12 Months”
    15.303 Hours of Service
    15.304 “50 Employees . . . Within 75 Miles”

15.4 EMPLOYEES’ RIGHTS
    15.401 Events That Trigger Entitlement to FMLA Leave
    15.402 Definitions
    15.403 Length and Timing of FMLA Leave
    15.404 When Paid Leave May Be Substituted for FMLA
    Leave
    15.405 Employee’s Right to Return to Work After FMLA
    Leave
    15.406 Employee’s Rights upon Return to Work

15.5 NOTICES
    15.501 Employer’s Required Notices
    15.502 Employee’s Notice of Need for FMLA Leave

15.6 REQUIREMENTS FOR HEALTH BENEFIT
CONTINUATION
    15.601 Employer Must Maintain Coverage
    15.602 When FMLA Leave Is Over
    15.603 Recovering Employee’s Portion of Health Premiums
    After Leave
    15.604 Recovering Employer’s Portion of Health Premiums
    After Leave
    15.605 Definition of “Returned to Work”

15.7 OTHER BENEFITS THAT MUST BE CONTINUED

15.8 MEDICAL CERTIFICATIONS
    15.801 Employer’s Right to Require Medical Certification
    15.802 Employer’s Right to Require Certification of Fitness

15.9 EMPLOYER RECORDKEEPING
    15.901 In General
    15.902 Required Records
    15.903 When Records Are Not Required

15.10 PROVISIONS RELATING TO AIRLINE FLIGHT CREW
EMPLOYEES
    15.1001 In General
    15.1002 Hours of Service Eligibility Requirement
    15.1003 Method of Calculation of Leave
    15.1004 Recordkeeping Requirements
    15.1005 Flight Crew Employees and USERRA

15.11 RELEASE OF CLAIMS

15.12 FILING A COMPLAINT OR SUIT

15.13 REMEDIES AND DAMAGES

CHAPTER 16: UNIFORMED SERVICES EMPLOYMENT AND
REEMPLOYMENT RIGHTS ACT OF 1994


16.1 INTRODUCTION
    16.101 Background
    16.102 Purpose
    16.103 Covered Services
    16.104 Covered Employers
    16.105 Covered Employees

16.2 RIGHTS AND RESPONSIBILITIES
    16.201 In General
    16.202 Discrimination
    16.203 Retaliation
    16.204 Accommodation
    16.205 Burden of Proof
    16.206 Notice to Employees

16.3 NOTICE TO EMPLOYER

16.4 BENEFITS DURING LEAVE
    16.401 In General
    16.402 Interaction of USERRA with the Family and Medical
    Leave Act
    16.403 Health Benefits
    16.404 Accumulated Paid Leave

16.5 REEMPLOYMENT
    16.501 In General
    16.502 Unreasonableness or Impossibility
    16.503 Undue Hardship
    16.504 Brief, Nonrecurrent Period of Employment
    16.505 Five-Year Limit
    16.506 Dishonorable Discharge
    16.507 Documentation

16.6 TIME FOR REPORTING TO OR APPLYING FOR WORK
    16.601 In General
    16.602 Military Service Less Than 31 Days
    16.603 Military Service More Than 30 Days but Less Than
    181 Days
    16.604 Military Service More Than 180 Days
    16.605 Extension of Time for Convalescence
    16.606 Effect of Untimely Reporting or Application

16.7 POSITION UPON REEMPLOYMENT
    16.701 In General
    16.702 Military Service Less Than 91 Days
    16.703 Military Service More Than 90 Days
    16.704 Two or More Persons Entitled to Reemployment in
    Same Position
    16.705 Disabled Persons
    16.706 Unqualified Persons

16.8 BENEFITS ON REEMPLOYMENT
    16.801 Prior Law
    16.802 Seniority and Related Benefits
    16.803 Pension and Retirement Benefits
    16.804 Health Benefits
    16.805 Retention Rights

16.9 SEVERANCE AGREEMENTS

16.10 ENFORCEMENT AND PENALTIES

16.11 VETERANS’ BENEFITS IMPROVEMENT ACT OF 2008

16.12 VETERANS’ BENEFITS ACT OF 2010

16.13 VOW TO HIRE HEROES ACT OF 2011

CHAPTER 17: OCCUPATIONAL SAFETY AND HEALTH LAW

17.1 INTRODUCTION
    17.101 Federal Regulatory Framework
    17.102 State Enforcement

17.2 EMPLOYERS’ RIGHTS AND RESPONSIBILITIES
    17.201 Employers’ Primary Obligations
    17.202 Employers’ Other Duties

17.3 EMPLOYEES’ RIGHTS AND RESPONSIBILITIES
    17.301 Compliance with Regulations
    17.302 Nondiscrimination Rules
    17.303 Work Refusals

17.4 INSPECTION PRIORITIES AND PROCEDURES
    17.401 Authority to Conduct Inspections and Prioritization
    17.402 Procedures During Inspection
    17.403 Warrants

17.5 CITATION PROCEDURES AND DEFENSES
    17.501 Elements of an OSHA Violation
    17.502 Characterization of the Violation
    17.503 Penalties
    17.504 Defenses

17.6 CONTESTING AND LITIGATING CITATIONS
    17.601 Contesting
    17.602 Time Limits
    17.603 Notice of Contest; Petition to Modify Abatement
    Period
    17.604 Litigation
    17.605 Discrimination Cases

CHAPTER 18: COBRA—CONTINUATION COVERAGE
REQUIREMENTS OF EMPLOYEE HEALTH
CARE PLANS


18.1 INTRODUCTION
    18.101 Purpose
    18.102 Availability and Premiums
    18.103 Other Federal Health Care Legislation and Rules

18.2 SCOPE OF COVERAGE
    18.201 Health Care Continuation Coverage
    18.202 Qualifying Events
    18.203 Qualified Beneficiaries
    18.204 Final Treasury Regulations
    18.205 COBRA Premium and the 2009 COBRA Subsidy
    
18.3 RIGHTS, RESPONSIBILITIES, AND PRINCIPAL
DEFENSES
    18.301 Notice to New Employees
    18.302 Election Rights
    18.303 Employer’s Duty to Notify Administrator
    18.304 Beneficiary’s Duty to Notify Administrator
    18.305 Notice of Right of Election
    18.306 Mailing COBRA Notices and Election Forms
    18.307 Incapacitated Former Employees
    18.308 Length of Continuation Coverage
    18.309 Mergers and Acquisitions
    18.310 “Other Coverage” Rule
    18.311 Equitable Estoppel
    18.312 Fraudulent Claims
    18.313 Preemption of State Laws
    18.314 COBRA and the Family and Medical Leave Act
    18.315 Notice if COBRA Coverage Is Unavailable
    18.316 Notice if COBRA Coverage Is Terminated
    18.317 Trade Adjustment Assistance Benefits

18.4 PROCEDURAL ISSUES
    18.401 In General
    18.402 Evidence
    18.403 Exhaustion of Administrative Remedies
    18.404 Sovereign Immunity
    18.405 Preemption
    18.406 Statute of Limitations

18.5 REMEDIES AND DAMAGES
    18.501 Excise Tax
    18.502 Participant Enforcement Suits
    18.503 Penalties for Notice Violations
    18.504 Damages
    18.505 Attorney Fees
    18.506 Other Penalties
    18.507 State and Local Government Plans

APPENDIX 18-1: MODEL COBRA CONTINUATION COVERAGE
GENERAL NOTICE

APPENDIX 18-2: MODEL COBRA CONTINUATION COVERAGE
ELECTION NOTICE

CHAPTER 19: ERISA LITIGATION

19.1 INTRODUCTION
    19.101 Overview
    19.102 Administrative Agencies
    19.103 Coverage
    19.104 Types of Plans
    19.105 Fiduciaries
    19.106 Employees
    19.107 Plans
    19.108 Plan Sponsors
    19.109 Plan Administrators
    19.110 Participants
    19.111 Beneficiaries
    19.112 Multiemployer Plans
    19.113 Affordable Care Act
    19.114 Same Sex Marriage and Employee Benefits

19.2 RIGHTS, RESPONSIBILITIES, AND PRINCIPAL
DEFENSES
    19.201 Overview
    19.202 Right to the Plan Documents
    19.203 Summary Plan Description
    19.204 Civil Enforcement Provisions
    19.205 Preemption
    19.206 Benefit Claims
    19.207 Fiduciary Breach Claims
    19.208 Equitable Relief Claims
    19.209 Procedural Claims
    19.210 Federal Common Law Claims
    19.211 Retaliation Claims
    19.212 Severance Claims
    19.213 Estoppel Claims
    19.214 Subrogation Claims
    19.215 Arbitration
    19.216 Claims for Retiree Medical Benefits
    19.217 Standard of Judicial Review
    19.218 Cash Balance Plans
    19.219 Blackout Periods
    19.220 Fiduciary Duties Where Employer Stock Is a
    Retirement Plan Investment Option
    19.221 Anti-Cutback Rule
    19.222 Fiduciary Exception to the Attorney-Client Privilege

19.3 PROCEDURAL ISSUES
    19.301 Exclusivity of Remedy
    19.302 Standing
    19.303 Jurisdiction
    19.304 Venue
    19.305 Service of Process
    19.306 Removal
    19.307 Exhaustion of Administrative Remedies
    19.308 Statute of Limitations
    19.309 Right to Jury Trial
    19.310 Judicial Review
    19.311 Multiemployer Plan Contributions and Withdrawal
    Liability

19.4 REMEDIES AND DAMAGES
    19.401 In General
    19.402 Plan Administrator’s Failure to Provide Information:
    Section 502(c)(1)
    19.403 Enforcing Terms of Plan: Section 502(a)(1)(B)
    19.404 Breach of Fiduciary Duty: Section 502(a)(2)
    19.405 Enforcing ERISA Provisions: Section 502(a)(3)
    19.406 Interference with Protected Rights: Section 510
    19.407 Attorney Fees
    19.408 Injunctive Relief

CHAPTER 20: THE NATIONAL LABOR RELATIONS ACT

20.1 INTRODUCTION
    20.101 In General
    20.102 History
    20.103 Scope of the NLRA
    20.104 Jurisdictional Requirements
    20.105 Preemption

20.2 RIGHTS AND RESPONSIBILITIES OF EMPLOYEES,
EMPLOYERS, AND UNIONS
    20.201 Protected Activities
    20.202 Union Organizing
    20.203 Determining the Bargaining Unit
    20.204 The Election Campaign
    20.205 Access to Employer’s Property
    20.206 Duty to Bargain in Good Faith
    20.207 Purchases, Acquisitions, and the Obligation to
    Recognize the Union
    20.208 Unfair Labor Practice Charges
    20.209 Decertification
    20.210 Polling

20.3 PROCEDURE
    20.301 The National Labor Relations Board
    20.302 General Counsel
    20.303 Investigation and Hearing
    20.304 Arbitration

20.4 REMEDIES
    20.401 Enforcement
    20.402 Bargaining Orders
    
20.5 CONCLUSION

CHAPTER 21: PUBLIC SECTOR ISSUES

21.1 EMPLOYMENT DISCRIMINATION GENERALLY
    21.101 Introduction
    21.102 First Amendment Free Speech Protection

21.2 CIVIL RIGHTS STATUTES
    21.201 42 U.S.C. § 1981
    21.202 42 U.S.C. § 1983
    21.203 Eleventh Amendment Immunity

21.3 OTHER FEDERAL STATUTES AND REGULATIONS
    21.301 Title VII of the Civil Rights Act of 1964
    21.302 Age Discrimination in Employment Act
    21.303 Americans with Disabilities Act
    21.304 Equal Pay Act
    21.305 Virginia Fraud Against Taxpayers Act
    
21.4 STATE-MANDATED GRIEVANCE PROCEDURE
    21.401 Introduction
    21.402 Procedural Requirements
    21.403 Law Enforcement Exception
    21.404 Employees of Department of Corrections and
    Department of Juvenile Justice
    21.405 Employees of Local Constitutional Officers

21.5 LABOR RELATIONS AND CONCERTED ACTIVITY
    21.501 Collective Bargaining
    21.502 Union Membership
    21.503 Labor Disputes and Strikes

21.6 PRIVACY CONSIDERATIONS
    21.601 Search of Persons and Property
    21.602 Polygraph Testing
    21.603 Controlled Substance and Alcohol Testing

21.7 “BAN THE BOX” HIRING POLICY

CHAPTER 22: UNEMPLOYMENT COMPENSATION

22.1 INTRODUCTION

22.2 RIGHTS, RESPONSIBILITIES, AND PRINCIPAL
DEFENSES
    22.201 Initial Application for Benefits
    22.202 Initial Determination
    22.203 Disqualification from Receiving Benefits
    22.204 Discharge Due to Misconduct in Connection with
    Work
    22.205 Refusing Suitable Work
    22.206 False Statements
    22.207 Claimant in Prison
    22.208 Severance Pay
    22.209 Overpayment of Benefits
    22.210 Defenses for Employers
    
22.3 PROCEDURES FOR ADJUDICATING CLAIMS
    22.301 Deputy Level
    22.302 Appeals Examiner Level
    22.303 Commission Level
    22.304 Judicial Review of VEC Determinations
    22.305 Other Procedural Matters
    22.306 Timeliness of VEC Appeal
    22.307 Postponement of Appeal Hearings
    22.308 Continuances
    22.309 Withdrawal of Appeal
    22.310 Attorney Fees

22.4 REMEDIES AND DAMAGES
    22.401 Benefits Available to Claimants
    22.402 Benefit Charges
    22.403 Computation of Employer Tax Rate
    22.404 VEC Publications

TABLE OF AUTHORITIES

INDEX


Authors

Editors

R. Mark Dare, Isler Dare, P.C. / Vienna (Expand/Collapse Bio)

R. Mark Dare, co-editor of this book and author of Chapter 10 since the book’s initial publication in 1997, is a partner in Isler Dare, P.C. His practice focuses on representing employers faced with employment-related claims, such as wrongful discharge and discrimination, as well as claims arising out of a departing employee’s attempts to compete with a former employer. Mr. Dare is a lecturer and author of numerous written materials on employment issues for the Virginia State Bar, The Virginia Bar Association, Georgetown University Law Center, Virginia CLE, the District of Columbia Bar, the Fairfax Bar Association, and other organizations. He has been recognized as a top lawyer in various publications, including Chambers USA, Best Lawyers, Virginia Business, Washingtonian, Virginia Super Lawyers, and Washington D.C. Super Lawyers. He has authored numerous publications, such as Restrictions upon Employee Conduct (Virginia CLE 1994), Employment Law Developments (Fairfax Bar Association 2000), and Employment Litigation in the Federal Courts (Federal Bar Association 2007). Mr. Dare is a member and past president of the Fairfax Bar Association, a member of the Labor Relations and Employment Law Section of The Virginia Bar Association, and past president of the Fairfax Law Foundation. He received an A.B. from Princeton University in 1971 and a J.D. from the University of Virginia in 1974.

Thomas M. Winn, III, Woods Rogers PLC / Roanoke (Expand/Collapse Bio)

Thomas M. Winn, III, co-editor of this book, is a principal in the Labor and Employment Group at Woods Rogers, where his nationwide practice focuses on HR counseling, employment litigation, and traditional labor issues. Best Lawyers in America, named Tom as the 2016 Roanoke Lawyer of the Year for Labor Law-Management.

Mr. Winn advises management on HR issues ranging from discipline/discharge, workforce reductions, handbooks and agreements, harassment, discrimination and retaliation, wage and hour compliance, health and disability, employee leave and benefits, and unfair competition. He regularly represents employers regarding these issues before state and federal courts and administrative agencies, including the EEOC, DOL, and OFCCP. He has served as “first chair” counsel at both trial and appellate levels.

Mr. Winn also counsels and represents employers in union organizing and decertification campaigns, collective bargaining, grievances/arbitrations, NLRB litigation, strike management, and other issues under collective bargaining agreements. Tom has extensive experience representing government contractors with regard to collective bargaining and Service Contract Act issues. He has served as chief spokesman in union negotiations, and he has handled more than 100 labor arbitration cases.

Mr. Winn has received an AV® Preeminent Rating and a Client Distinction Honor from Martindale-Hubbell, and a 10.0 Superb rating from Avvo. He is recognized by Best Lawyers in America in the following practice areas: Employment Law—Management, Labor Law—Management, and Litigation—Labor and Employment. He has been acknowledged in Virginia Business magazine as a Legal Elite, as a Super Lawyer by Super Lawyers magazine, and as a Legal Eagle by Virginia Living magazine.

Mr. Winn is a member of the Virginia Bar Association’s Board of Governors.

He received his undergraduate degree from Duke University and graduated cum laude from the University of Richmond Law School where he was a member of the McNeill Law Society. A native of Roanoke, his community involvement has included the Roanoke Regional Chamber of Commerce, Boy Scouts of America, Opera Roanoke, Pathfinders for Greenways and DePaul Community Resources, among many others.

Authors

Ian P. Band, Hunton & Williams LLP / Washington, D.C. (Expand/Collapse Bio)

Ian P. Band, author of Chapter 14, is a partner with Hunton & Williams LLP, where his practice focuses exclusively on business immigration law. Mr. Band has in-depth experience providing legal services and counseling in all aspects of business immigration law to corporate and individual clients. He represents businesses and individuals before the United States Citizenship and Immigration Services, the Department of Labor, the State Department, and various consular offices; counsels corporations on compliance with the Immigration Reform and Control Act of 1986; and represents foreign actors, directors, and others in the entertainment industry. Mr. Band earned a J.D. from American University’s Washington College of Law in 1987 and a B.A. from the University of Maryland in 1984. He is a member of the American Immigration Lawyers Association, the District of Columbia Bar, and the Maryland State Bar.

Ryan M. Bates, Hunton & Williams LLP / McLean (Expand/Collapse Bio)

Ryan M. Bates, co-author of Chapter 16, is an associate on the labor and employment law team at Hunton & Williams LLP. His practice focuses on all areas of labor and employment law, litigation and advice involving discrimination issues, wage and hour matters, and labor relations matters. Mr. Bates earned a B.A. from University of Delaware in 2003 and a J.D. from The George Washington University School of Law in 2007. He is a member of the Virginia, Maryland, and the District of Columbia Bars. Mr. Bates currently serves on the Board of Directors for Legal Services of Northern Virginia.

Elaine Charlson Bredehoft, Charlson Bredehoft Cohen & Brown, P.C. / Reston (Expand/Collapse Bio)

Elaine Charlson Bredehoft, co-author of Chapter 11, is a principal and founder of Charlson Bredehoft Cohen & Brown, P.C. Ms. Bredehoft practices civil litigation, with an emphasis in employment and business law, primarily in federal and state courts in Virginia and the District of Columbia. Ms. Bredehoft has been inducted into the American College of Trial Lawyers, the International Academy of Trial Lawyers, and the Litigation Counsel of America and has been recognized by many publications as a top lawyer in Virginia and in the Washington metropolitan area. Ms. Bredehoft is a frequent lecturer at CLE and bar association-sponsored seminars.

Victor O. Cardwell, Woods Rogers PLC / Roanoke (Expand/Collapse Bio)

Victor Cardwell, co-author of Chapters 2 and 12, is chair of Woods Rogers’ Labor and Employment Law Section. He practices labor and employment law throughout the U.S., focusing on diversity, the Fair Labor Standards Act, and labor/management relations—including union-organizing campaigns and union-avoidance techniques, and workplace violence.

Mr. Cardwell has significant experience before state and federal courts and administrative agencies, including the National Labor Relations Board. He offers counsel to executive and human resources managers on a wide range of employer concerns—from harassment, sexual orientation/transgender, retaliation, and discrimination, to workforce reductions, handbooks and agreements, unfair competition, wage/hour compliance, health and disability, discipline/discharge, and employee leave.

Mr. Cardwell is recognized in industry rankings, including Best Lawyers in America for Employment Law—Management and Labor Law—Management. He is recognized by Martindale-Hubbell in Litigation and Labor and Employment. He is listed on the Virginia Super Lawyers roster as well. Virginia Living magazine named him a Legal Eagle, and he is a member of the Lorman Education Services “Distinguished Faculty.”

Prior to joining Woods Rogers in 1991, Mr. Cardwell served as Deputy Associate Chief Counsel with the U. S. Department of Labor Benefits Review Board. He has served as a member of the House of Delegates of the American Bar Association, representing Virginia, and was appointed to the Human Rights Council of the Commonwealth of Virginia.

Mr. Cardwell provides legal counsel to many Roanoke-area nonprofit organizations, including the Bradley Free Clinic, Center in the Square, Grandin Theatre Foundation, Mill Mountain Zoo, United Way of Roanoke Valley, Science Museum of Western Virginia, and Human Rights Council of the Commonwealth of Virginia. He serves on the board of directors for the Bradley Free Clinic, the Science Museum of Western Virginia, and the Virginia High School League Foundation and is an active volunteer with Cosmopolitan International.

Bernard J. DiMuro, DiMuroGinsberg, P.C. / Alexandria (Expand/Collapse Bio)

Bernard J. DiMuro, author of Chapter 3, is a partner with DiMuroGinsberg, P.C. He earned an undergraduate degree from Northwestern University in 1976 and a law degree from The George Washington University National Law Center in 1979. He represents both employers and employees in all aspects of federal and state discrimination and employment law ranging from federal claims for sexual harassment, age, sex, and disability discrimination, fair labor standards, and whistle-blowing to common-law employment claims, such as wrongful discharge, defamation, and negligent hiring and retention as well as privacy rights. Mr. DiMuro is president of The Civil Workplace, a management consulting firm that presents in-house seminars to and consults with business entities and employers on preventive maintenance in employment law to minimize exposure to litigation, a service that he believes not only serves the interests of the employer but also of the employees.

Mr. DiMuro was the president of the Virginia State Bar in 2003 and has served on its governing council for 11 years. He previously chaired the Bar’s local grievance committee and its Disciplinary Board, and currently co-chairs the Advertising Task Force and the Standing Committee on Budget and Finance. He is a Fellow of the Virginia Law Foundation and the American Bar Association and is a frequent lecturer on numerous continuing legal education subjects including employment law.

Brooks A. Duncan, Woods Rogers PLC / Roanoke (Expand/Collapse Bio)

Brooks A. Duncan, author of chapter 21 and co-author of chapters 2 and 12, is a member of Woods Rogers’ practice groups in Labor and Employment, Government Investigations and White Collar Criminal Defense, and Litigation. He regularly represents clients in commercial disputes in state and federal court. Mr. Duncan has drafted discovery and dispositive motions in a variety of matters, including those involving breach of contract claims, business torts, intellectual property disputes, and federal employment statutes. He regularly represents clients in hearings and has experience conducting internal investigations of employee misconduct. Mr. Duncan counsels businesses on compliance with employment laws such as the Fair Labor Standards Act (FLSA), the Americans with Disabilities Act (ADA), the Age Discrimination in Employment Act (ADEA), the National Labor Relations Act (NLRA), and laws governing non-competition and severance agreements. He also assists with white collar criminal defense representations.

Mr. Duncan graduated from the University of Virginia with a double major in English and psychology. He earned his law degree at the University of Virginia School of Law, where he served as president of the Virginia Employment and Labor Law Association and as articles editor for the Virginia Sports and Entertainment Law Journal. He also received Virginia Law’s Robert K. Bellamy Scholarship for excellence in labor and employment law and the Roanoke Bar Association’s James N. Kincanon Scholarship.

A Roanoke native, Mr. Duncan began his career at Woods Rogers as a summer associate in 2013 and joined the firm as an associate in 2014. Prior to joining Woods Rogers, he completed a judicial internship with the Hon. James C. Turk, Judge of the U.S. District Court for the Western District of Virginia. During law school, he defended clients facing jail sentences in Virginia courts as a part of Virginia Law’s criminal defense clinic and represented Virginia state employees during employment grievances at Virginia’s Office of Employment Dispute Resolution.

In the community, Mr. Duncan serves as Vice President of the Board of Trustees for the Greenvale School, a local non-profit organization providing affordable childcare in the Roanoke Valley since 1934. He is the regional cochair for the Young Lawyers Division of the Virginia Bar Association. He is a presenter at Woods Rogers’ annual Labor and Employment Seminar series.

Michael P. Gardner, Woods Rogers PLC / Roanoke (Expand/Collapse Bio)

Michael P. Gardner, co-author of Chapter 12, is a member of the Woods Rogers’ Labor and Employment, Appellate, and Litigation groups. He handles a wide variety of matters ranging from compliance with federal employment and labor laws, such as the Fair Labor Standards Act, to insurance coverage disputes, non-compete litigation, and commercial torts. Mr. Gardner has tried cases in state and federal courts across Virginia, and his knowledge and experience with the appellate process is invaluable at all levels of a lawsuit. He is also experienced in defending claims filed with state and federal agencies, including the Equal Employment Opportunity Commission and the Virginia Employment Commission. Mr. Gardner is a presenter at Woods Rogers’ annual Labor and Employment Seminar series.

In his time at Washington and Lee University School of Law, Mr. Gardner earned the position of Lead Articles Editor on the Washington and Lee Law Review, won First Place in the Appellate Advocacy Competition, and placed fourth in the Nation in the American Bar Association’s Negotiation Competition. After graduating from law school, he had the distinct privilege of clerking for the Hon. Jackson L. Kiser in the U.S. District Court for the Western District of Virginia, where he worked on a variety of cases and gained insight into how federal courts analyze claims.

Mr. Gardner’s experience also includes defense of personal injury claims, concentrated predominantly in defending medical malpractice claims, motor vehicle accidents, and premises liability cases. He has experience navigating the complex procedural aspects of the Judicial Panel on Multi-District Litigation and pretrial consolidation.

Mr. Gardner is an active member of the Rotary Club of the Blue Ridge—New Generations, which works to assist underserved youth in the Roanoke Valley. Mr. Gardner is also the Legislative Chair for the Roanoke Valley Society for Human Resource Management and is a past Regional Chair for the Young Lawyers Division of the Virginia Bar Association.

Leigh T. Hansson, Reed Smith LLP / Washington, D.C. (Expand/Collapse Bio)

Leigh T. Hansson, co-author of Chapter 7, is a partner in the Washington office of Reed Smith LLP. She has experience prosecuting and defending bid protests before the Court of Federal Claims, the Court of Appeals for the Federal Circuit, the Government Accountability Office, and various state procurement entities. She also handles matters before the Small Business Administration and claims against the government before both the Boards of Contract Appeal and defends qui tam actions. She has counseled clients on teaming, consulting, and subcontracting agreements as well as compliance and ethics programs for government contractors. She also represents a number of corporations with export control and export compliance matters.

Ms. Hansson earned a J.D. in 1995 from Pennsylvania State University, Dickinson School of Law, where she was a 1995 recipient of the Comparative Law Award and a member of the Woolsack Honor Society. In addition, she spent time studying law at the University of Oslo in Norway. Ms. Hansson earned a B.A. in history and political science in 1992 from Hollins College.

Joon Hwang, Littler Mendelson P.C. / Tysons Corner (Expand/Collapse Bio)

Joon Hwang, co-author of Chapter 15, is an associate in the Tysons Corner office of Littler Mendelson, P.C. He represents management in a wide variety of labor and employment matters, with an emphasis on employment litigation of all types—from single-plaintiff to complex class, collective, and hybrid actions. Mr. Hwang has successfully defended international and domestic clients in federal and state courts across the United States, including cases involving covenants not to compete or solicit, trade secrets, discrimination, harassment, retaliation, employee benefits, and various employment tort claims. Mr. Hwang also has substantial expertise in handling class, collective, and hybrid actions under the Fair Labor Standards Act and state wage and hour laws. These actions include allegations of employee misclassification, off-the-clock work, and other wage-related issues. In addition to his litigation practice, he regularly counsels clients on all aspects of the employeremployee relationship by offering pre-litigation advice and best practices to ensure compliance with federal and state laws, with a focus on issues pertaining to performance management and separation, leave of absence and disability accommodation, wage and hour compliance, and workplace privacy, data security, and social media. He works with a diverse range of clients in industries such as government contracting, consulting, technology, health care, transportation, construction, telecommunications, retail, insurance, staffing, higher education, and professional sports. Mr. Hwang earned his B.A. and J.D. from the University of North Carolina at Chapel Hill. Previously, he served as a judicial clerk to the Honorable James C. Fox of the United States District Court for the Eastern District of North Carolina. Mr. Hwang is a member of the District of Columbia, Virginia, and North Carolina Bars.

Edward Lee Isler, Isler Dare, P.C. / Vienna (Expand/Collapse Bio)

Edward Lee Isler, co-author of Chapter 8, is a partner with Isler Dare, P.C. The firm’s practice is dedicated solely to the representation of management in labor, employment, and benefits law. A native of McLean, Mr. Isler earned a B.A. in Government and Economics from the University of Virginia in 1983. In 1987, Mr. Isler graduated from the College of William & Mary, Marshall-Wythe School of Law, where he served as a member of the board of editors of the William & Mary Law Review and was inducted into the Order of the Coif.

Upon graduation, Mr. Isler served for a year as a judicial clerk to the Honorable James C. Turk, Chief Judge for the United States District Court, Western District of Virginia. Before establishing the firm in April 1997, Mr. Isler practiced labor, employment, and employee benefits law for seven years with a national firm, Gibson, Dunn & Crutcher, in Washington, D.C., and for two years with a regional labor and employment firm.

Mr. Isler served as the Chair of the Labor and Employment Law Section of The Virginia Bar Association in 2010-11 and as a member and past Chair of the Planning Committee of Virginia CLE’s Annual Employment Law Update. He is regularly listed as a top labor and employment lawyer in Virginia and the Washington, D.C. metropolitan area by Chambers & Partners, Virginia Business magazine, Super Lawyers, Best Lawyers in America, and Washingtonian magazine. Mr. Isler is a member of the Virginia and District of Columbia Bars and is admitted to practice before numerous federal circuit and district courts as well as the United States Supreme Court. He has extensive experience representing employers before the EEOC and in federal and state court litigation. He is also the author of several published articles in the field of employment and benefits law.

Zachary A. Kitts, K&G Law Group, PLLC / Fairfax (Expand/Collapse Bio)

Zachary A. Kitts, author of Chapter 6, is a founding partner at K&G Law Group, PLLC, where he focuses his practice in the areas of qui tam litigation, employment law, and other complex commercial litigation matters. In his qui tam practice, Mr. Kitts represents qui tam relators (or whistleblowers) in litigation under the federal False Claims Act, the Virginia Fraud Against Taxpayers Act, and other state false claims statutes. Zach has prosecuted a wide variety of claims for fraud against federal, state and local government entities in state and federal courts across the country; in total his cases have returned more than $80 million to the public fisc.

Mr. Kitts is widely recognized as a leading expert on state False Claims Act legislation and was the principal architect behind the comprehensive 2011 amendments to the Virginia Fraud Against Taxpayers Act. He has testified before a number of other state legislatures on the topic of state false claims legislation, including Maryland, Ohio, and Arizona. Mr. Kitt’s web blog, vaquitamlaw.com, is one of the most widely read legal blogs on the topic of state false claims legislation and litigation.

Mr. Kitts has been included in both the Virginia and Washington, D.C. editions of Super Lawyers magazine every year since 2011; he has also been included in Best Lawyers in America every year since 2014.

He received his B.A. from George Mason University in 1998 and his J.D. from American University’s Washington College of Law in 2001 and is licensed to practice before all of the state and federal courts in Virginia, the District of Columbia, and Maryland. He has also been admitted on a pro hac vice basis in numerous other state and federal courts across the country.

Elizabeth A. Lalik, Littler Mendelson P.C. / McLean (Expand/Collapse Bio)

Elizabeth A. Lalik, co-author of Chapter 15, is a shareholder with Littler Mendelson P.C. in McLean. Ms. Lalik’s practice focuses on labor and employment law with an emphasis on litigation. She earned a B.S. from Cornell University’s School of Industrial and Labor Relations and a J.D. from the University of Virginia School of Law. Ms. Lalik specializes in representing employer clients in all types of labor and employment matters. She has litigated cases in federal and state courts across the United States, including cases involving complex discrimination issues, covenants not to compete or solicit, breach of sales commission and other contracts, wrongful discharge, and a variety of state tort claims. She has also handled multiple arbitration matters and ensuing litigation. Ms. Lalik frequently addresses both management and attorney groups on various subjects in the labor and employment law field. She has been recognized as a “Leader in the Field” (Chambers USA: The Client’s Guide, 2004-2016), named in Best Lawyers in America for Employment Law Management and Labor Law Management (2009-2016), and named a “Super Lawyer” (Virginia and Washington, D.C. 2009-2013 and 2015). Ms. Lalik is a member of the Virginia, District of Columbia, and Massachusetts Bars.

Elizabeth G. Leavy, Reed Smith LLP / Washington, D.C. (Expand/Collapse Bio)

Elizabeth G. Leavy, co-author of Chapter 7, is an associate in Reed Smith’s Global Regulatory Enforcement Practice Group. In her government contracts practice, Elizabeth assists federal contractors and subcontractors in bid protests before the GAO and federal and state agencies. She represents clients on Contract Disputes Act (“CDA”) claims before the boards of contract appeals, including the ASBCA and the PSBCA. She also represents clients in commercial disputes in federal and state courts. Elizabeth also regularly counsels clients on regulatory compliance issues and alleged violations of the FAR, HIPAA, Truth in Negotiations Act (“TINA”), Service Contract Act (“SCA”), Davis-Bacon Act, and the False Claims Act (“FCA”).

Ms. Leavy is a member of the bars of the District of Columbia, New Jersey, and New York.

She was recognized in 2016 as a Washington DC Super Lawyers Rising Star—Government Contracts (2016).

She is a member of the Executive Committee, National Contract Management Association, DC Chapter and the Bid Protest Committee, ABA Section of Public Contract Law.

Ms. Leavy received a B.A. in International Affairs from George Washington University in 2007 and a J.D. from Cornell Law School in 2011.

xXX_NAME_XXx, xXX_FIRM_XXx / xXX_CITY_XXx (Expand/Collapse Bio)

Gary S. Marshall, author of Chapter 20, is a partner with McGuireWoods LLP in Richmond and the former chair of the firm’s labor and employment department. His practice focuses on assisting Fortune 500 and other leading companies with devising and implementing cohesive, integrated employee relations strategies. He has extensive experience helping clients build and maintain positive employee relations, and has handled numerous union campaigns for clients across the country. He has significant experience dealing with organizing activity by various unions, including the Teamsters, UNITE, United Steelworkers of America, and the IBEW, among others. He has also handled countless strikes in various regions of the United States, the most recent involving a major utility company.

He also works with major corporations to align their business goals with their negotiating strategies at the bargaining table. He acts as lead spokesperson at many negotiations, and also works behind the scenes on others. He recently negotiated five collective bargaining agreements for two major national energy companies. In doing so, he has dealt with the Teamsters, the Utility Workers Union of America, and the International Union of Operating Engineers. He also has negotiated two agreements in New Jersey and Pennsylvania with the United Steel Workers of America.

Mr. Marshall regularly represents clients before the National Labor Relations Board. In addition, he is often asked to speak, present, teach and write on employment and traditional labor law topics. He co-authored two articles on the at-will doctrine in U.S. periodicals. He also co-authored an article in a German legal periodical on covenants not to compete in the United States. He served as an adjunct professor of law at the University of Richmond for a number of years, and as a contributing editor to the ABA’s Developing Labor Law. Mr. Marshall earned an A.B., magna cum laude, from Princeton University in 1974 and a J.D. from the College of William and Mary’s Marshall-Wythe School of Law in 1979, where he was articles editor for the William and Mary Law Review and a member of the Order of the Coif.

Timothy M. McConville, Odin, Feldman & Pittleman, P.C. / Reston (Expand/Collapse Bio)

Timothy M. McConville, co-author of Chapters 5 and 9, is a principal in the labor and employment practice group at Odin, Feldman & Pittleman, P.C., and represents employers in all aspects of the employer-employee relationship. His experience includes the defense of Fortune 500 and multinational companies as well as small and mid-sized employers in litigation and agency matters. He has defended employers in Virginia, Maryland, and around the nation.

Previously vice president of the National Right to Work Legal Defense Foundation, Mr. McConville has significant experience in helping employers maintain a union-free environment. He assists employers in defeating union organizing drives and in winning National Labor Relations Board elections. His labor relations practice also includes defense against NLRB unfair labor practice charges and collective bargaining and other labor relations matters on behalf of unionized employers. He serves as president and chairman of the board of the National Institute for Labor Relations Research.

Mr. McConville also specializes in counseling management in labor and employment issues, emphasizing timely analysis and practical solutions to accomplish organizational goals and legal compliance. He advises government contractors on legal requirements enforced by the Office of Federal Contract Compliance Programs, including Executive Order 11246, Section 503 of the Rehabilitation Act of 1973, as amended, and Vietnam Era Veterans’ Readjustment Assistance Act of 1974, as amended.

Recognized in Best Lawyers in America and named one of Virginia’s “Legal Elite” by Virginia Business magazine and a “Rising Star” by Virginia Super Lawyers, Mr. McConville frequently authors articles and lectures on labor and employment matters. He has received an AV rating by Martindale-Hubbell, the highest rating given by Martindale-Hubbell peer review ratings, for his legal ability and general ethical standards. He is admitted to bar in Virginia, Maryland, and the District of Columbia and various federal courts. He is a member of the Labor and Employment Section of The Virginia Bar Association, and the Fairfax Bar Association Labor and Employment Section. Mr. McConville received his J.D. from the Columbus School of Law at the Catholic University of America and his B.A. in political science and English, cum laude, from James Madison University.

James P. McElligott, Jr., McGuireWoods LLP / Richmond (Expand/Collapse Bio)

James P. McElligott, Jr., co-author of Chapter 18 and author of Chapter 19, is a partner in the Richmond office of McGuireWoods LLP. Mr. McElligott handles labor, employee benefits, and executive compensation matters for private and publicly held corporations, as well as public agencies. He has an active ERISA litigation practice, including class-action fiduciary claims, ESOP and stock-drop cases, and defense of collectively bargained pension claims and withdrawal liability. He is listed in Who’s Who in American Law, Best Lawyers in America, Chambers USA Guide to U.S. Lawyers, and Virginia Super Lawyers. He is a member of the College of Labor and Employment Lawyers, the United States Chamber of Commerce Employee Benefits Committee, and the Employee Benefits Committees of the ABA Sections of Labor and Employment Law and Taxation. He is a co-editor of Employee Benefits Law, Second and Third Editions (BNA) (Chapter 13, “Benefits Claims and Individual Rights,” including annual supplements). Mr. McElligott was the 2006-2007 president of the Central Virginia Employee Benefits Council, a former chairman of the Employment Law Committee of the Virginia Association of Defense Attorneys, and a former president of the Federal Bar Association, Richmond Chapter.

Mr. McElligott is a Phi Beta Kappa graduate of the University of Illinois and earned a J.D., cum laude, from Harvard Law School, where he served as Note Editor on the Harvard Journal on Legislation. His recent publications include: “Supreme Court: ERISA Pre-empts Vermont’s Health Data Collection Law as Applied to Self-Insured Health Plans,” March 3, 2016; “Supreme Court Rejects ERISA Stock-Drop Complaint for Failing Dudenhoeffer Pleading Standards,” January 27, 2016; “Supreme Court Limits ERISA Healthcare Plan’s Reimbursement Rights: What Montanile Really Means,” January 26, 2016; “Central States Pension Fund Submits Plan for Reducing Benefits,” October 8, 2015; “Pension Benefit Guaranty Corporation Issues Final Regulations on Reportable Events,” September 25, 2015; “PBGC Wants Reporting on Lump-Sum Pension Cash-Outs and Annuity Purchases,” Bloomberg BNA, February 2015; Co-author, “Tatum “Reverse Stock-Drop” Case Has Important Lessons for Employers and Fiduciaries,” Bender’s Labor & Employment Bulletin, October 2014; “Sun Capital Decision Threatens Lenders with Controlled Group Liability,” The Banking Law Journal, June 2014; “Court Rules that Private Equity Funds May Be Responsible for Portfolio Company’s Pension Liability,” August 1, 2013; “New Life for Stock-Drop Lawsuits,” Employee Benefit Plan Review, May 2012; “U.S. Supreme Court Considers Constitutional Challenges to Health Reform,” CorporateLiveWire Expert Guide: Labour and Employment, April 2012.

Thomas P. Murphy, Hunton & Williams LLP / McLean (Expand/Collapse Bio)

Thomas P. Murphy, author of Chapter 13 and co-author of Chapter 16, is a partner on the labor and employment law team at Hunton & Williams LLP, where he heads the McLean labor team. Before entering private practice, Mr. Murphy was an Assistant United States Attorney for the District of Columbia (1981 to 1986) and a Naval officer (1978 to 1981). He earned a B.S. from Clarkson University (formerly Clarkson College of Technology) in 1974 and a J.D. from Vermont Law School in 1978. He is a member of the Virginia, Maryland, District of Columbia, and New York Bars. Mr. Murphy speaks and writes frequently in the labor and employment law field, contributing to such practice guides as How Arbitration Works, The Developing Labor Law, and International Labor and Employment Laws. Mr. Murphy is a fellow in the College of Labor and Employment Lawyers. Over the years, he has been ranked highly in a number of peer-selected resources, such as Best Lawyers in America, Chambers USA, Virginia’s Legal Elite, Super Lawyers for Virginia and the District of Columbia, and Martindale-Hubbell.

Charity M. Price, Navy Federal Credit Union / Vienna (Expand/Collapse Bio)

Charity M. Price co-authored Chapters 5 and 9 as an attorney in the labor and employment practice group at Odin, Feldman & Pittleman, P.C. Ms. Price is now an ADA Analyst with Navy Federal Credit Union in Vienna, Virginia.

Ms. Price received a Bachelor of Arts in Political Science from Wellesley College before receiving her law degree from The George Washington University. Ms. Price frequently lectures on a variety of employment-related topics such as the Affordable Care Act, FMLA, ADA, and Social Media. While in law school, Ms. Price worked as a consultant for a small government contractor where she handled the procurement of trademark registrations. Ms. Price also worked in the District of Columbia Public Defender’s Office where she participated in criminal defense litigation.

Kathleen Z. Quill, Charlson Bredehoft Cohen & Brown, P.C. / Reston (Expand/Collapse Bio)

Kathleen Zahorik Quill, co-author of Chapter 11, joined Charlson Bredehoft Cohen & Brown, P.C., in 2003. Ms. Quill graduated, cum laude and Phi Beta Kappa, from the University of Wisconsin in 1990 and received her J.D. from University of Chicago Law School in June 1996. After law school, Ms. Quill clerked in the Federal District Court of Massachusetts for the Honorable Nathaniel M. Gorton. Before working for Charlson Bredehoft Cohen & Brown, Ms. Quill was a senior litigator in the Civil Rights Division of the Attorney General’s Office in the Commonwealth of Massachusetts where she was part of the Employment Rights Project, was a trial attorney for the United States Department of Justice in the National Courts Section of the Civil Division, and worked for a private Boston firm in its commercial litigation department where she was a member of the employment law group.

Merrell B. Renaud, Squire Sanders (US) LLP / Tysons Corner (Expand/Collapse Bio)

Merrell B. Renaud, author of Chapter 4, is of counsel at the international firm Squire Sanders (US) LLP. Ms. Renaud’s practice focuses on employment counseling and employment litigation on behalf of management. She counsels and defends clients on a wide variety of employment-related matters, such as Fair Labor Standards Act, Family Medical Leave Act, restrictions against unfair competition, and claims of discrimination in violation of title VII, the Americans with Disabilities Act, and Age Discrimination in Employment Act issues. A large part of Ms. Renaud’s practice is devoted to ensuring that clients comply with applicable federal and state employment laws by conducting employment audits, reviewing corporate handbooks, assisting clients in conducting internal investigations of claimed discrimination, and giving presentations on various employment law topics. Before joining Squire Sanders, Ms. Renaud was an associate and then a partner with Hazel & Thomas from 1992 until 2001.

Before entering private practice, Ms. Renaud spent seven years as a trial attorney for the United States Department of Justice, Tax Division. During her tenure with the federal government, Ms. Renaud tried more than twenty cases in federal and state courts and took hundreds of depositions. Ms. Renaud is a 1991 graduate of the Georgetown University Law Center, where she earned an LL.M., and a 1985 graduate of the Albany Law School of Union University, where she earned a J.D.

Stephen W. Robinson, McGuireWoods LLP / McLean (Expand/Collapse Bio)

Stephen W. Robinson, author of Chapter 1, is a partner in the McLean Office of the law firm of McGuireWoods LLP. His practice is primarily labor and employment law, with an emphasis on litigation. He also represents approximately forty professional athletes, including former Masters champion Fred Couples, long jumper Mike Powell (the current world record holder) and double gold medal winning sprinter Michael Johnson.

Mr. Robinson received his B.A. and J.D. degrees from Washington and Lee University. In 1979, he received an L.L.M. (Labor Law) from the George Washington University. From 1976 through 1979 he served at Fort George G. Meade, Maryland as a captain in the Judge Advocate General Corps of the United States Army.

His practice includes advising employers on all aspects of employment and labor relations matters, and he has litigated cases involving discrimination, wrongful discharge, claims for pension and profit sharing benefits, ERISA, defamation, negligent hiring and supervision, First Amendment issues, and covenants not to compete. He is a member of the United States Court of Appeals for the District of Columbia Circuit Judicial Conference. He is a court appointed mediator in the United States District Court for the District of Columbia, and served for several years on the Firm’s Executive Committee. He has been selected several times as one of “Virginia’s Legal Elite” in a survey of lawyers by Virginia Business magazine, and been named as one of “The Best Lawyers in America,” and a “Super Lawyer” in both Virginia and the District of Columbia for many years. He has also been listed in Chambers USA’s America’s Leading Lawyers for Business for over a decade, and Who’sWhoLegal: USA: Management, Labor and Employment, 2004-2015. The Washington Business Journal and Washingtonian magazine have selected him several times as one of the 40 “Best Lawyers in Washington”. In 2007 he was named the best “Employment Litigator” in Washington by The Washington Business Journal. Lawdragon Magazine has selected him as one of “The 3000 Best Lawyers in America.”

Dana L. Rust, McGuireWoods LLP / Richmond (Expand/Collapse Bio)

Dana L. Rust, co-author of Chapter 17, is a partner with McGuireWoods’ Labor and Employment Department, where he practices in the areas of labormanagement relations, employment discrimination, and wrongful discharge. He joined McGuireWoods LLP in September 1987 and was admitted to the Virginia Bar in May of 1988. Mr. Rust earned a B.A. in government from the College of William and Mary in 1982 and a J.D. from the University of Virginia School of Law in 1986, where he was a member of the editorial board of the Virginia Law Review. Following law school, Mr. Rust clerked for the Honorable Robert R. Beezer of the United States Court of Appeals for the Ninth Circuit in Seattle, Washington. He has served as an adjunct member of the faculty of Virginia Commonwealth University, where he taught labor and employment law. He has represented employers in discrimination cases in state and federal court, before the Equal Employment Opportunity Commission, and before state fair-employment agencies. In addition to single plaintiff discrimination cases, he has litigated class-action discrimination cases under title VII and the Equal Pay Act, and he has counseled employers facing classwide discrimination charges with the Equal Employment Opportunity Commission. He also has represented unionized employers before the National Labor Relations Board and in arbitrations.

In addition to these practice areas, Mr. Rust represents employers on safety and health issues before Occupational Safety and Health Administration and Mine Safety and Health Administration. He has litigated against these agencies on a regular basis and also represented employers during the administrative process and in inspections. His expertise covers both manufacturing companies and the construction industry. He has handled large cases involving fatalities, willful violations, and six-figure fines, as well as safety discrimination complaints. He tried and won the first OSHA whistleblower case brought by the Virginia Department of Labor in July 2002. In addition to his litigation practice, he advises on compliance issues, has drafted safety and health-related policies and procedures for employers, and co-authored The At-Will Employment Doctrine in Virginia, An Update, 1 J. Civ. Litig. 4 (1989).

Mr. Rust has been listed in Best Lawyers in America and as one of “America’s Leading Lawyers” in Chambers USA. He is ranked among Virginia’s “Legal Elite” in Virginia Business magazine, and named a Virginia Super Lawyer by Law & Politics magazine. He also holds an AV rating with Martindale-Hubbell.

Micah B. Schwartz, McGuireWoods LLP / Richmond (Expand/Collapse Bio)

Micah B. Schwartz, co-author of Chapter 17, is an associate with McGuire-Woods’ Labor and Employment Department. Mr. Schwartz represents clients in federal and state court at the trial and appellate level and counsels clients on labor and employment matters.

Mr. Schwartz has represented companies in litigation under Title VI and Title VII of the Civil Rights Act, the Americans with Disabilities Act, the Age Discrimination in Employment Act, the Fair Labor Standards Act, the National Labor Relations Act, and the Family and Medical Leave Act. He represents clients before government agencies, including the Equal Employment Opportunity Commission, U.S. Office of Federal Contract Compliance Programs, and the National Labor Relations Board. He has handled all aspects of litigation, from managing electronic discovery through summary judgment, trial, and appeal. He also has experience in general commercial litigation matters and defending whistleblower claims.

In addition to these practice areas, Mr. Schwartz represents employers on safety and health issues before the Occupational Safety and Health Administration (OSHA) and the Virginia Occupational Safety and Health Compliance Program (VOSH). He counsels clients on occupational safety and health issues, represents clients during OSHA and VOSH inspections, and defends companies in litigation against these agencies.

Prior to joining McGuireWoods, Mr. Schwartz served as a litigation associate with an international law firm in Washington, D.C. He also served as a law clerk for the Honorable David G. Trager, U.S. District Court Judge for the Eastern District of New York. He earned a B.A. from the University of Virginia and a J.D. from the University of Virginia School of Law.

Daniel C. Summerlin, III, Woods Rogers PLC / Roanoke (Expand/Collapse Bio)

Daniel C. Summerlin, III, author of Chapter 22, is president of Woods Rogers PLC. His experience covers a range of law from administrative and regulatory, with an emphasis on environmental, to labor and employment and litigation. He also counsels clients on government investigations and white collar criminal defense.

Mr. Summerlin’s work on environmental matters includes compliance assistance on water, solid and hazardous waste, and air issues for clients ranging from individuals/sole proprietors to large international companies. Dan also has significant experience assisting with due diligence for mergers and acquisitions/divestitures and in the area of brownfield redevelopment. Finally, his practice includes representing clients in negotiations, discussions and litigation (civil, administrative, and criminal) with EPA, Virginia DEQ, and other state environmental agencies.

As an active member of the Labor & Employment practice group, Mr. Summerlin is an annual speaker at Woods Rogers’ Labor and Employment Seminar series. His employment clients call upon him to provide training to their supervisors and workforce, provide guidance on human resource issues that arise during daily operations including discipline and termination advice and compliance issues with FLSA, ADA, Title VII, NLRA, and FMLA. Mr. Summerlin has extensive experience representing clients during EEOC investigations and unemployment proceedings at every level and represents clients in employment litigation in state and federal courts.

A Roanoke native, Mr. Summerlin returned to the area after earning his undergraduate degree from the University of North Carolina and receiving his law degree from William & Mary. He is active in the Roanoke community, serving on the Executive Board for Council of Community Services, as president of Roanoke Valley Swimming Inc., and as Chancellor for St. John’s Episcopal Church.

Mr. Summerlin is listed among the Best Lawyers in America and is ranked as a Legal Elite by Virginia Business magazine and a Legal Eagle by Virginia Living magazine.

Lori H. Turner, Isler Dare, P.C. / Vienna (Expand/Collapse Bio)

Lori H. Turner, co-author of Chapter 8, is a partner at IslerDare, P.C. Ms. Turner graduated from Randolph-Macon College with a double major in Economics and French. She earned her Juris Doctor from the University of Pittsburgh in 2004, graduating magna cum laude and Order of the Coif. Following her graduation, Ms. Turner joined IslerDare, P.C. (previously Ray & Isler, P.C.) as an associate. In 2011, Ms. Turner was named a partner in the firm.

Ms. Turner served as the Vice-Chair for the Employment Law Section of the Fairfax County Bar Association from 2008 to 2010. In 2010, she was named as a Virginia Rising Star by Virginia Super Lawyers in the Employment and Labor category. Ms. Turner counsels and litigates in all areas of employment law.

Peter G. Vogel, Reed Smith LLP / Washington, D.C. (Expand/Collapse Bio)

Peter G. Vogel, co-author of Chapter 7, is an associate in Reed Smith’s Global Regulatory Enforcement Practice Group. He focuses his practice on defending clients against allegations of False Claims Act violations and white collar investigations. He additionally assists with domestic compliance and regulatory matters, and with general commercial litigation. Outside of GRE, Peter assists international and domestic clients trading in commodities and derivatives navigate compliance issues under the Dodd-Frank Act and the Commodity Futures Trading Commission’s Rules. Mr. Vogel also advises clients in the automotive industry on the National Highway Traffic Safety Administration’s recall, reporting, and enforcement standards. Prior to joining Reed Smith, Mr. Vogel served on the William & Mary Law Review and wrote his student note on the interaction between Native American tribal courts and criminal prosecutions at the federal level. He also taught first year law students about legal research and writing as a Writing & Practice Fellow and sat on the school’s Honor Council.

Mr. Vogel is admitted to practice in Virginia.

He received a B.A. in History and Political Science from University of Notre Dame in 2013 and a J.D. from William & Mary School of Law in 2015.

Robert B. Wynne, McGuireWoods LLP / Richmond (Expand/Collapse Bio)

Robert B. Wynne, co-author of Chapter 18, is an associate in the Richmond office of McGuireWoods LLP. Mr. Wynne practices in the firm’s tax and employee benefits department, where he advises public and private clients with respect to the design and administration of retirement and welfare plans, compensation arrangements, and compliance requirements. He represents clients in interactions with several government agencies, including the Internal Revenue Service, the Pension Benefit Guaranty Corporation, and the Department of Labor.

Mr. Wynne is a Phi Beta Kappa graduate of Sewanee: The University of the South. He received his law degree from the University of North Carolina, and an LL.M. in tax from the Georgetown University Law Center. His recent publications include: “DOL Delivers Final Fiduciary Investment Advice Rule,” April 15, 2016; “Supreme Court: ERISA Pre-empts Vermont’s Health Data Collection Law as Applied to Self-Insured Health Plans,” March 3, 2016; “Déjà Vu All Over Again: Congress Grants Retroactive Transit Parity, IRS Issues Payroll Guidance,” January 14, 2016; “Central States Pension Fund Submits Plan for Reducing Benefits,” October 8, 2015; “Pension Benefit Guaranty Corporation Issues Final Regulations on Reportable Events,” September 25, 2015; “IRS Issues Guidance on Participant Voting Requirement for Benefit Suspensions under MPRA,” September 2, 2015; “Ninth Circuit: Multiemployer Plan Calling Unpaid Contributions ‘Plan Assets’ Does Not Make Persons Controlling Contribution Payments ERISA Fiduciaries,” August 12, 2015; “IRS, PBGC Issue Guidance on Multiemployer Plan Benefit Suspensions and Plan Partitions,” June 18, 2015; Co-author, “IRS Provides New Flexibility to Correct Retirement Plan Errors,” Bloomberg BNA Tax and Accounting Center, May 2015; The DOL’s New Proposal on ERISA Fiduciary Status for Investment Advisers, April 22, 2015; Co-author, “Patent Infringement Lawsuit Reminds ERISA Fiduciaries to Monitor Service Providers,” Pension Plan Fix-It Handbook, March 2015; Co-author, “Is Deferred Compensation Exempt from ERISA? Maybe or Maybe Not…,” Employee Benefit Plan Review, October 2014; Co-author, “Tatum ‘Reverse Stock-Drop’ Case Has Important Lessons for Employers and Fiduciaries,” Bender’s Labor & Employment Bulletin, October 2014.

Prices

Print - $195
Download - $195
CD-ROM - $195
USB Flash Drive - $195
Both Print and Download - $220
Both Print and CD-ROM - $220
Purchase Options
  • Add to Cart
Related Products
  • An Employment Law Guide: Employee Rights and Employer Responsibilities in Virginia

    View Details
  • Virginia Employment Practices and Forms

    View Details
  • Workers' Compensation Practice in Virginia

    View Details
 

CLE Experience Wizards CLE Experience Shakespeare

CONTACT US

Our Address

  • 105 Whitewood Road
    Charlottesville, VA 22901

JOIN OUR MAILING LIST:

  • Virginia CLE® is the non-profit educational division of the Virginia Law Foundation.

© 2017 Virginia Law Foundation