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Court Deems Company Successor Under FMLA For Taking Over Government Contract Previously Held by Competitor

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…

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When employees share their medical issues with employers to request leave or accommodations, do HIPAA’s privacy restrictions apply?

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

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Driving on a Suspended License: Is Lack of Notice of a Suspension a Defense?

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 §

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DUI Sleeping in Car

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

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“Ban the Box” Policy in Arlington; Criminal History Minimized in Hiring

The Arlington County, Virginia government has adopted a “ban the box” policy.  This policy delays criminal record inquiries until later in the hiring process. Proponents of the “ban the box” movement argue that considering criminal records early in the hiring process results in racial discrimination because minorities have a higher conviction rate than other applicants.  This may be reflected in bias within the criminal justice system.  They also argue that it hurts rehabilitation for one

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