Yes, as shown by a recent Virginia federal decision. In that case, a company allegedly agreed to buy business information and materials from an ex-employee of a competitor. The ex-employee was subject to a non-compete, and offered to sell information concerning four customers that he had taken with him after leaving the competitor. The company never hired the ex-employee, and the competitor did not allege that the company had ever stolen or serviced any of
In the landmark decision of United States v. Windsor, the Supreme Court struck down the Defense of Marriage Act’s (DOMA) provision which denied federal benefits to gay couples who are legally married in their states. The Department of Labor (DOL) responded by updating the definition of “spouse” in the Family Medical Leave Act (FMLA). As DOL updates its policies, employers should consider what changes they need to make to ensure FMLA-compliance with this quickly evolving area
Often, words used in Virginia criminal statutes are not colloquial. In a recent case, an allegation of Violation of a Protective Order was elevated from a misdemeanor to a felony based on whether the defendant entered a home “furtively.” In this case, the defendant and the victim formerly had a romantic relationship. However, Romeo and Juliet they were not; the victim obtained a Protective Order against the defendant. (Protective Orders bar a person from having
One of the most common misunderstandings in criminal and traffic law is that mistakes on the warrant or summons automatically results in a dismissal of the case. Most of the time, such mistakes have no effect. In a recent case, a man was on trial for Domestic Assault and Battery (also known as “Assault and Battery of a Family Member”). Because it was alleged to be a third offense, the otherwise misdemeanor charge was elevated
Yes. Unlike other debts owed by a company, unpaid minimum wages and overtime can often be recovered from certain high-level company officials as well as from the company. As the U.S. Court of Appeals for the Second Circuit recently ruled, the Fair Labor Standards Act (FLSA) defines the term “employer” based on “economic realities” to include not only the offending company but also high-level managers who determine how the business treats its employees. See Irizarry