The Western District of Virginia Federal Court recently ruled that an employee cannot bring class-action employment and benefits claims against his employer when he previously agreed to arbitrate them.  Reinforcing recent federal decisions favoring employment arbitration, the Court stayed the employee’s claims concerning his layoff pending arbitration.  The decision is Green v. Zachry Industrial, Inc., Civil Action No. 7:11CV00405 (W.D. Va. Mar. 25, 2014). The employee worked for Zachry Industrial, Inc., a construction and industrial

A recent federal court decision in the Eastern District of Virginia dismissed an employee’s overtime claim at summary judgment because the employer proved that it relied upon the employee’s own unaltered timesheets in paying the employee.  In the case of Hughes-Smith v. Crown Linen Services, Inc., Civil Action No. 1:13-cv-1048 (E.D. Va. Mar. 5, 2014),  an employee sued her employer alleging that she consistently worked through her ½  hour lunch period but was not paid

Accidents happen. However, some Virginia police officers routinely cite all motorists who they think caused an accident with the crime of Reckless Driving. Is being in an accident a crime? Briefly stated, no. Reckless Driving is a Class 1 misdemeanor. A relatively serious offense, the crime is on the same level as DUI, Petit Larceny, and Assault & Battery. The maximum punishment is up to a year in jail, a $2,500 fine, and a 6 month

Food to Liquor Ratios Q:  How do I properly calculate my food-to-liquor ratios under Virginia ABC Law?  I have a restaurant with both a beer/wine license and a mixed beverage (distilled spirits) license.  I know that 45% or more of my sales must be food.  I read the code and I still don’t understand it.  Can you tell me in plain English how I must calculate my Mixed Beverage Alcohol Ratio? A:  The Mixed Beverage

No, the law does not necessarily require this, although many companies often take this dramatic step to resolve a harassment situation.  Yet as the Fifth Circuit U.S. Court of Appeals recently ruled, disciplinary actions less than discharge can often satisfy the law’s requirements and protect an employer from legal liability.  See Williams-Boldware v. Denton County, Texas.  Given the broad range of conduct that employees may perceive as harassing, employers should be aware of the options