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

An Employment Law Guide: Employee Rights and Employer Responsibilities in Virginia
Publication Date: 2017
Available Formats: Print (413 pages, softcover, 1 volume)
  Electronic (searchable PDF via flash drive, CD, or immediate download)
  Both Print and Electronic formats
Product #: 876

Information

Content Highlights:
  • Discrimination in the Hiring Process
  • Applications, Testing, and Interviews
  • Post-Employment Inquiries
  • Restrictions on Employee Conduct
  • Employee Rights and Protections
  • Termination of Employment
  • Post-Termination Considerations
  • Government Contractors' Affirmative Action Obligations
  • Public Employer Issues
  • Employment of Foreign Nationals

An Employment Law Guide: Employee Rights and Employer Responsibilities in Virginia is a concise overview of employment law in Virginia. Drawn from Virginia CLE’s comprehensive two-volume Employment Law in Virginia, the guide provides broad coverage of crucial employment law topics, from hiring to termination. Designed for the non-specialist, it gets to the point quickly with clear prose explanations of the most commonly encountered employment situations. It is fully referenced to permit more in-depth research if needed.

The guide is also especially valuable for human resources managers and in-house counsel who must routinely advise the businesses they serve when day-to-day questions arise, such as:
  • What may an employer ask a job candidate in the hiring process? What questions and topics should be avoided?
  • What restrictions may an employer include in a covenant not to compete?
  • May an employer monitor employees’ telephone calls, email, and voice mail?
  • May a foreign national conduct business while visiting the United States under the Visa Waiver Program? May he or she engage in employment in the United States?
  • Are temporary employees covered under the Family and Medical Leave Act?

You may also be interested in:


Employment Law in Virginia

Virginia Employment Practices and Forms

The Virginia Lawyer: A Deskbook for Practitioners

Virginia Business Torts
   

 

Table of Contents

CHAPTER LIST

1. Discrimination in the Hiring Process

2. Applications, Testing, and Interviews

3. Post-Employment Inquiries

4. Restrictions on Employee Conduct

5. Employee Rights and Protections

6. Termination of Employment

7. Post-Termination Considerations

8. Government Contractors' Affirmative Action Obligations

9. Public Employer Issues

10. Employment of Foreign Nationals



CHAPTER 1: DISCRIMINATION IN THE HIRING PROCESS

1.1 PROHIBITED DISCRIMINATION IN HIRING BY
PRIVATE EMPLOYERS
        1.101 Disparate Treatment
        1.102 Disparate Impact
        1.103 Continuing Violations

1.2 SOURCES OF EMPLOYMENT DISCRIMINATION CLAIMS
AND HOW TO AVOID THEM
        1.201 Age
        1.202 Disabilities
        1.203 Marital Status
        1.204 Military Service
        1.205 Race or Color
        1.206 Sex
        1.207 Religion
        1.208 Citizenship or National Origin
        1.209 Other Sources of Discrimination Claims

1.3 BONA FIDE OCCUPATIONAL QUALIFICATION

1.4 EMPLOYER DEFENSES
        1.401 EEOC Uniform Guidelines
        1.402 Tests
        1.403 Seniority
        1.404 Merit Systems
        1.405 Bona Fide Occupational Qualification
        1.406 Business Necessity
        1.407 After-Acquired Evidence
        1.408 Arbitration Agreements
        1.409 Diplomatic Immunity
        1.410 Time Constraints
        1.411 Adverse Employment Action

1.5 REMEDIES

1.6 RECRUITING BY PRIVATE EMPLOYERS

CHAPTER 2: APPLICATIONS, TESTING, AND INTERVIEWS

2.1 INTRODUCTION

2.2 APPLICATION FORMS
        2.201 Basic Information
        2.202 Specific Questions or Topics to Avoid
        2.203 Verification of Information

2.3 PREEMPLOYMENT TESTING
        2.301 Polygraph Tests
        2.302 Paper and Pencil Honesty Tests
        2.303 Medical Examinations and Inquiries
        2.304 HIV and AIDS Testing
        2.305 Genetic Testing
        2.306 Drug Tests
        2.307 Alcohol Tests
        2.308 Physical Agility and Physical Fitness Tests
        2.309 Psychological Examinations
        2.310 Vision Tests

2.4 CREDIT REPORTS

2.5 EMPLOYER LIABILITY FOR INVESTIGATION IN THE
HIRING CONTEXT
        2.501 Negligent Hiring
        2.502 Claims by Customers and Other Third Parties
        2.503 Claims by Coworkers
        2.504 Negligent Retention
        2.505 Negligent Supervision

2.6 INTERVIEWS

CHAPTER 3: POST-EMPLOYMENT INQUIRIES

3.1 ELIGIBILITY TO WORK

3.2 CONTROLLED SUBSTANCE AND ALCOHOL TESTING
        3.201 Drug-Free Workplace Act of 1988
        3.202 Department of Defense Contract Rules
        3.203 Department of Transportation Rules
        3.204 Hiring or Reinstatement

3.3 MONITORING EMPLOYEE COMMUNICATIONS
        3.301 Monitoring Telephone Calls, Email, and Voice Mail
        3.302 The Federal Wiretap Statute
        3.303 State Laws
        3.304 Surreptitious Audiotaping or Videotaping of
        Conversations
        3.305 Rules Prohibiting Workplace Recordings
        3.306 Computer Monitoring
        3.307 Accessing Computer Files
        3.308 Voice Mail
        3.309 Incoming Email
        3.310 Opening Mail
        3.311 Practical Guidelines

3.4 EMPLOYEE SURVEILLANCE AND SEARCHES
        3.401 Surveillance
        3.402 Searches
        3.403 Employer-Issued Electronic Devices
        3.404 Social Media
        3.405 Personnel Records

CHAPTER 4: RESTRICTIONS ON EMPLOYEE CONDUCT

4.1 THE EMPLOYMENT RELATIONSHIP
        4.101 At-Will Employment
        4.102 Employment Contracts

4.2 COVENANTS NOT TO COMPETE
        4.201 Restraint on Trade
        4.202 Factors Determining Enforceability
        4.203 Protection of Employer’s Interests
        4.204 Impact on the Public

4.3 RESTRAINTS IMPOSED BY LAW
        4.301 Duty of Loyalty
        4.302 Solicitation of a Former Employer’s Customers
        4.303 Misuse of Confidential Information
        4.304 Misuse of Trade Secrets
        4.305 Customer Lists
        4.306 Statutory Conspiracy to Injure Business
        4.307 Common Law Conspiracy
        4.308 Tortious Interference with Contracts

CHAPTER 5: EMPLOYEE RIGHTS AND PROTECTIONS

5.1 FEDERAL CIVIL RIGHTS STATUTES
        5.101 In General
        5.102 42 U.S.C. § 1981
        5.103 Title VII of the Civil Rights Act of 1964
        5.104 Sexual Orientation
        5.105 Joint Employer Liability

5.2 THE VIRGINIA HUMAN RIGHTS ACT
        5.201 In General
        5.202 Deferral Agency for Title VII Claims
        5.203 Remedies

5.3 AGE DISCRIMINATION IN EMPLOYMENT ACT (ADEA)
        5.301 In General
        5.302 Employee’s Evidence
        5.303 Employer’s Defenses
        5.304 Waiver

5.4 AMERICANS WITH DISABILITIES ACT (ADA)
        5.401 In General
        5.402 The ADAAA

5.5 VIRGINIANS WITH DISABILITIES ACT (VDA)

5.6 FAIR LABOR STANDARDS ACT (FLSA)
        5.601 Wage and Hour Law
        5.602 Coverage
        5.603 Exceptions to Coverage
        5.604 Minimum Wage
        5.605 Overtime Compensation
        5.606 Time Worked
        5.607 Exemptions from Minimum Wage and Overtime
        5.608 Workweek
        5.609 Recordkeeping and Posting
        5.610 Examples of Common Problems for Employers
        5.611 Retaliation
        5.612 Administrative Enforcement
        5.613 Arbitration
        5.614 State Wage and Hour Law
        5.615 State Wage Payment Laws
        5.616 Local “Living Wage” Laws
        5.617 Child Labor

5.7 THE FEDERAL EQUAL PAY ACT
        5.701 Gender-Based Wage Disparities
        5.702 Employers and Employees Covered
        5.703 Definition of Equal Work
        5.704 Components of Equal Work
        5.705 Retaliation
        5.706 Employers’ Defenses
        5.707 The Lilly Ledbetter Fair Pay Act
        5.708 The Virginia Equal Pay Act

5.8 THE FAMILY AND MEDICAL LEAVE ACT (FMLA)
        5.801 Employers Covered
        5.802 Employees Eligible for Leave Under the FMLA
        5.803 Events That Trigger Entitlement to FMLA Leave
        5.804 Notice an Employee Must Give of the Need for
        FMLA Leave
        5.805 Length and Timing of FMLA Leave
        5.806 Paid or Unpaid Leave
        5.807 Employee’s Right to Return to Work
        5.808 Returning Employee’s Rights
        5.809 Notice to Employees
        5.810 Health Benefit Continuation
        5.811 Other Benefits Required to Be Continued Under
        the FMLA
        5.812 Medical Certifications
        5.813 Employer Records
        5.814 Employee’s Waiver Unenforceable
    
5.9 UNIFORMED SERVICES EMPLOYMENT AND
REEMPLOYMENT RIGHTS ACT (USERRA)
        5.901 Military Leave
        5.902 Coverage
        5.903 Notice
        5.904 Cost of Benefits
        5.905 Interaction with the FMLA
        5.906 Waiver of Benefits
        5.907 Health Benefits
        5.908 Use of Paid Leave
        5.909 Reemployment
        5.910 Dishonorable Discharge
        5.911 Documentation
        5.912 Time Limits for Reporting or Application
        5.913 Reemployment Position
        5.914 Reemployment Benefits
        5.915 Retroactive Contributions
        5.916 Reinstatement of Health Benefits
        5.917 Retention Rights
        5.918 Release of USERRA Claims
        5.919 Veterans’ Benefits Act of 2010
        5.920 Vow to Hire Heroes Act of 2011

5.10 FEDERAL AND STATE OCCUPATIONAL SAFETY AND
HEALTH ACTS
        5.1001 Regulatory Framework
        5.1002 State Enforcement
        5.1003 Employer Coverage
        5.1004 Employers’ Primary Obligations
        5.1005 Employees’ Rights and Responsibilities
        5.1006 Other Rights, Responsibilities, and Duties
        5.1007 Elements of an OSHA Violation
        5.1008 Defenses
        5.1009 Warrants
        5.1010 Citations
        5.1011 Contesting Citations
        5.1012 Employee Discrimination Cases
        5.1013 Remedies and Damages

5.11 UNIONS
        5.1101 Protected Concerted Activity and Union Organizing
        5.1102 Campaign
        5.1103 Access to Employer’s Property
        5.1104 Duty to Bargain
        5.1105 Purchases, Acquisitions, and the Obligation to
        Recognize the Union
        5.1106 Unfair Labor Practice Charges
        5.1107 Decertification
        5.1108 Bargaining Unit Composition
        5.1109 Exclusions from the Unit

5.12 WORKERS’ COMPENSATION ISSUES
        5.1201 Exclusive Remedy
        5.1202 Respondeat Superior

5.13 QUI TAM WHISTLEBLOWER CLAIMS
        5.1301 In General
        5.1302 Remedies
        5.1303 Anti-Retaliation Protections for Government
        Employees
    
CHAPTER 6: TERMINATION OF EMPLOYMENT

6.1 AT-WILL EMPLOYMENT
        6.101 Oral Contracts
        6.102 Employee Manuals
        6.103 Implied in Fact Contract
        6.104 Virginia Human Rights Act
        6.105 Other Virginia Statutes Limiting Termination
        6.106 Common Law Wrongful Discharge

6.2 UNEMPLOYMENT COMPENSATION
        6.201 Initial Application for Benefits
        6.202 Initial Determination
        6.203 Disqualification from Receiving Benefits
        6.204 Discharge Due to Misconduct in Connection with
        Work
        6.205 Refusing Suitable Work
        6.206 Willful False Statements
        6.207 Claimant in Prison
        6.208 Substance Abuse
        6.209 Labor Disputes
        6.210 Severance Pay
        6.211 Overpayment of Benefits
        6.212 Defenses for Employers

6.3 OTHER VIRGINIA STATUTES

CHAPTER 7: POST-TERMINATION CONSIDERATIONS

7.1 CONSOLIDATED OMNIBUS BUDGET RECONCILIATION
ACT (COBRA)
        7.101 Overview
        7.102 Continuation Coverage Requirements of Group
        Health Plans
        7.103 Qualifying Events
        7.104 Qualified Beneficiaries
        7.105 Final Treasury Regulations
        7.106 New Employees
        7.107 Election Rights
        7.108 Required Notices
        7.109 Incapacitated Former Employees
        7.110 Duration of Continuation Coverage
        7.111 “Other Coverage” Rule
        7.112 Privacy Requirements
        7.113 Timing of HIPAA Rules
        7.114 Application
        7.115 Implementing HIPAA’s Privacy Rules
        7.116 Claims for Benefits
    
7.2 THE EMPLOYEE RETIREMENT INCOME SECURITY ACT
OF 1974 (ERISA)
        7.201 Overview
        7.202 Coverage
        7.203 Benefit Claims
        7.204 Fiduciary Responsibilities
        7.205 Retaliation Claims Under ERISA
        7.206 Severance Claims
        7.207 Cash Balance Age Discrimination Claims
        7.208 Sarbanes-Oxley Act of 2002
        7.209 Fiduciary Duties Where Employer Stock Is a
        Retirement Plan Investment Option
        7.210 Anti-Cutback Rule
    
7.3 BUSINESS TORTS
        7.301 Defamation
        7.302 Tortious Interference
        7.303 Statutory Conspiracy
        7.304 Fraud
        7.305 Emotional Distress
        7.306 Oppression of Minority Shareholders
    
7.4 PRIVILEGES AND OTHER DEFENSES
        7.401 Qualified Privilege
        7.402 Absolute Privilege
        7.403 Other Privileges
        7.404 Statutory Protection
        7.405 Workers’ Compensation Act as a Bar
    
CHAPTER 8: GOVERNMENT CONTRACTORS’ AFFIRMATIVE
ACTION OBLIGATIONS


8.1 AFFIRMATIVE ACTION PROGRAMS
        8.101 Laws and Regulations
        8.102 Applicability
        8.103 General Requirements
        8.104 Development of Affirmative Action Programs
        8.105 Other Requirements
        8.106 Enforcement
    
8.2 AGE DISCRIMINATION

8.3 VETERANS
        8.301 Vietnam Era Veterans’ Readjustment Assistance Act
        8.302 Prohibitions
        8.303 Affirmative Action Plan
        8.304 Other Requirements
        8.305 Enforcement

8.4 DISABLED INDIVIDUALS GENERALLY
        8.401 In General
        8.402 Prohibitions
        8.403 Records
        8.404 Invitation for Applicant to Claim Benefit of Section
        503
        8.405 Medical Examinations and Information
        8.406 Voluntary Medical Examinations
        8.407 Affirmative Action Plan
        8.408 Enforcement
    
8.5 ENFORCEMENT AND COMPLIANCE WITH FEDERAL LAW
        8.501 Record Retention
        8.502 Compliance Evaluations
    
8.6 DISABLED INDIVIDUALS AND INFORMATION
TECHNOLOGY

CHAPTER 9: PUBLIC EMPLOYER ISSUES

9.1 CIVIL RIGHTS ISSUES
        9.101 42 U.S.C. § 1981
        9.102 42 U.S.C. § 1983
        9.103 Title VII of the Civil Rights Act of 1964
        9.104 Eleventh Amendment Immunity

9.2 AGE DISCRIMINATION IN EMPLOYMENT ACT
        9.201 Federal Government
        9.202 State and Local Governments
    
9.3 AMERICANS WITH DISABILITIES ACT
        9.301 Federal Government
        9.302 State and Local Governments
        9.303 Virginians with Disabilities Act
    
9.4 EQUAL PAY ACT
        9.401 Federal Government
        9.402 State and Local Governments
        9.403 Virginia Equal Pay Act
    
9.5 STATE-MANDATED GRIEVANCE PROCEDURE
        9.501 Definition of Grievance
        9.502 Local Government Responsibilities
        9.503 Covered Employees
        9.504 General Requirements
        9.505 Compliance
        9.506 Management Steps
        9.507 Panel Hearing or Hearing Before Administrative
        Hearing Officer
        9.508 Law Enforcement Exception
        9.509 Employees of Local Constitutional Officers

9.6 LABOR RELATIONS AND CONCERTED ACTIVITY IN THE
PUBLIC SECTOR
        9.601 Collective Bargaining
        9.602 Union Membership
        9.603 Labor Disputes and Strikes
    
9.7 POLYGRAPH TESTING
        9.701 In General
        9.702 In Virginia
    
9.8 EMPLOYER SEARCHES
        9.801 In General
        9.802 Search of the Person
        9.803 Search of Property
    
9.9 “BAN THE BOX” HIRING POLICY

CHAPTER 10: EMPLOYMENT OF FOREIGN NATIONALS

10.1 INTRODUCTION
        10.101 Overview
        10.102 Department of Homeland Security
        10.103 Department of State
        10.104 Department of Labor
        10.105 2017 Travel Ban

10.2 IMMIGRATION REFORM AND CONTROL ACT (IRCA)

10.3 NONIMMIGRANT VISAS
        10.301 In General
        10.302 Types of Visas
    
10.4 VISA WAIVER PROGRAM

10.5 IMMIGRANT VISAS

10.6 EFFECT OF ILLEGAL IMMIGRATION STATUS

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.

Gary S. Marshall, McGuireWoods LLP / Richmond (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

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

Format Price
Print $70
Download $70
CD-ROM $70
USB Flash Drive $70
Both Print and Download $95
Both Print and CD-ROM $95
Both Print and USB Flash Drive $95
Purchase Options
  • Add to Cart
Related Products
 Clear the Docket Essentials Seminars FacebookFriday