The Fourth Circuit recently recognized that an employer’s failure to post the required notice of rights under the Fair Labor Standards Act (FLSA) can extend (or “toll”) an aggrieved employee’s statute of limitations. The case involves an individual from the Philippines, Christina Cruz, who came to the United States to work as a domestic employee for defendants from 2002 until 2008. She alleges that she worked seven days a week for 18 hours per day,
The U.S. District Court for the Eastern District of Virginia recently denied an employer’s motion for summary judgment on an employee’s claim of retaliation under the Family Medical Leave Act (FMLA). In a memorandum opinion issued last month in the matter of Osei v. Coastal International Security, Inc. (No. 1:13-cv-01204), Judge Liam O’Grady ruled that the plaintiff, Naomi Osei, was an “eligible employee” under the FMLA, and that there were “sufficient facts in dispute to
No. The privacy requirements of the Health Insurance Portability and Accountability Act (HIPAA) generally do not apply to employers. However, other laws impose similar requirements upon employers receiving employee medical leave and accommodation requests. The Americans with Disabilities Act (ADA) applies to employers with 15 or more employees and imposes strict confidentiality requirements. Under the ADA, employers must not disclose medical information they learn about an applicant or employee, with limited exceptions. (For example, supervisors
One cannot be convicted of Driving on a Suspended License or Driving Without a Valid license if he didn’t know his license was suspended. The controlling cases are Bibb v. Commonwealth, 212 Va. 249, 249-50 (1971) (for Driving on Suspended cases) and Carew v. Commonwealth, 62 Va. App. 574 (2013) (for No Valid Operator’s License cases). The rationale is that Virginia’s Driving on Suspended law makes a reference to notice of one’s suspension. Virginia Code §
Question: Can I be convicted of DUI in Virginia when I wasn’t driving (and wasn’t even intending to drive)? I was sitting in my parked car, with the engine off, to listen to my radio. I was in my own driveway, did not turn on the car at any time, and was sleeping? I was arrested in Fairfax for DUI. How is that “driving” under the influence of alcohol?!?!?!?! It is more “DUI sleeping in