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October 1, 2013 Deadline to Provide Employees with Written Notice of Health Care Options

The Patient Protection and Affordable Care Act (PPACA) requires most employers to provide notice to current employees and new hires about the forthcoming health insurance exchanges (termed “Marketplaces” by the Department of Labor), and subsidies that may be available through the exchanges for qualified individuals. By October 1, 2013, employers that are subject to the FLSA must provide written notice to employees of the new health care exchanges created by PPACA. Employers may use the…

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Can a company be sued for working with a former employee of a competitor even if the company does not steal any of the competitor’s customers?

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

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Employers should review FMLA policies after the Supreme Court’s same-sex marriage decision

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

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Ask the Arlington Fairfax Attorney: In a Violation of a Protective Order Case, What Does it Mean to Enter a Place “Furtively?”

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

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Ask the Arlington-Fairfax Attorney: Do I Win My Case if There is a Mistake on the Warrant?

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

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