Virginia Employment Legal Questions

As long as your employer is subject to the Fair Labor Standards Act then they are required to pay you overtime pay of time-and-a-half for any hours over 40 per week.  If you employer has less than $500,000 in annual gross revenues they may be exempt from this requirement.  You could also be exempt if you are in a qualified salaried position.  But assuming neither of those is the case, then you can file suit for the past 2-3 years of lost overtime, depending on whether it was a willful violation or not.  Unfortunately you can't collect more than the last 2-3 years because of the statute of limitations.... Read More

If you did not sign a non-compete agreeement then there is nothing preventing you from soliciting former clients.  However, while you are still employed by the salon owner you do have a fiduciary duty to your employer not to drive business away, so you should not speak with the customers about this while you are still employed there, but wait until you have left. ... Read More

The Family and Medical Leave Act applies to companies with 50 or more employees within 75 miles of the person seeking FMLA leave.  It is unlawful to retaliate against an employee for taking FMLA leave to which they are entitled, and the employer does have to bring them back at substantially the same position as before the FMLA leave, absent exceptional circumstances.    If you have returned to work following FMLA leave, and the employer wants to demote you two days later, they will have a difficult time justifying that.  I am not sure what they meant by “managers availability.”  FMLA retaliation and interference claims are very fact-specific.   Please call us to schedule a consultation on your case.... Read More

In Virginia, you can still collect unemployment benefits unless you were fired for “misconduct.”  The courts have defined misconduct as either a deliberate violation of a known company rule, or a series of smaller violations that show a “willful disregard” for the employer’s interests.    Your case would likely involve the first test.  The Virginia Employment Commission will conduct a hearing to determine which company policy you violated, whether you knew about the policy, and how culpable you were in violating the policy.   The VEC’s decisions are very fact-specific in these cases.  Please call us to schedule a consultation.... Read More

Was there an agreement with the business that they woudl reimburse your travel costs?  Do you have any communications that explicitly provide that they will reimburse you?  If yes, I would send a letter and email to the owner of the business (or other management you interviewed with) respectfully requesting reimbursement for your travel costs.  As for legal action, if employer agreed to reimburse you, you could also take them to small claims court, but that should be absolute last step.... Read More

From your description, this could be considered sexual harassment.  Depending on the size of your employer, they should have a sexual harassment policy in place.  If it does, follow such policy and report the harassment.  If the employer does not have policy, report the harassment to the owner or management (in writing).  If harassment continues or your job is terminated, contact an attorney.... Read More

If you had an employment contract and they are now reneging on that, you may very well have a claim against the employer. This answer is given in accordance with the laws of Virginia and may not be applicable in any other state.  It should not be construed as legal advice, as that would require a more thorough analysis of all of the facts involved in a specific case.  If you need further information or assistance, please feel free to contact my office for a consultation. Case results depend upon a variety of factors unique to each case. Case results do not guarantee or predict a similar result in any future case.  ... Read More

You can be denied extra pay for overtime hours, if you qualify as exempt.  Exempt employees include professional, administrative and executive employees who have such qualities as advanced degrees, discretion over how the job is performed, are predominantly non-manual workers, and have a supervisory role over other employees.  Exempt employees must be paid on a salary basis, meaning that they are paid a predetermined amount regardless of how many hours they work.  If you think you may have been misclassified, you may want to have a lawyer take a closer look at your job duties and qualifications. This answer is given in accordance with the laws of Virginia and may not be applicable in any other state.  It should not be construed as legal advice, as that would require a more thorough analysis of all of the facts involved in a specific case.  If you need further information or assistance, please feel free to contact my office for a consultation. Case results depend upon a variety of factors unique to each case. Case results do not guarantee or predict a similar result in any future case.... Read More

You do not have to be paid overtime wages, if you qualify as an exempt salaried employee. Exempt employees include professional, administrative and executive employees who have such qualities as advanced degrees, discretion over how the job is performed, are predominantly non-manual workers, and have a supervisory role over other employees.  Exempt employees must be paid on a salary basis, meaning that they are paid a predetermined amount regardless of how many hours they work. If you think you have been misclassified as exempt, when you really should be hourly, you may want to have a lawyer look more closely at your job duties and qualifications. This answer is given in accordance with the laws of Virginia and may not be applicable in any other state.  It should not be construed as legal advice, as that would require a more thorough analysis of all of the facts involved in a specific case.  If you need further information or assistance, please feel free to contact my office for a consultation. Case results depend upon a variety of factors unique to each case. Case results do not guarantee or predict a similar result in any future case.... Read More

For regular employees, who are not exempt for wage and hour laws, the employee must pay one-and-a-half times the regular hourly wage for any hours worked in excess of 40 per week.  This answer is given in accordance with the laws of Virginia and may not be applicable in any other state.  It should not be construed as legal advice, as that would require a more thorough analysis of all of the facts involved in a specific case.  If you need further information or assistance, please feel free to contact my office for a consultation. Case results depend upon a variety of factors unique to each case. Case results do not guarantee or predict a similar result in any future case.... Read More

You may have a good claim under the Fair Labor Standards Act for receiving time-and-a-half pay for the overtime hours that you worked.  It is an all too common practice for companies to call someone a manager, who does not really fit the legal definition.  We would need to get more information about your skills and duties.  Did you have subordinates underneath you who you supervised?  Were you involved in decision-making, hiring and firing, etc.?  The next step would be to get a lawyer involved in approaching the company about this, because if you win they would not only pay you possibly three times what you owed, but they would also pay your attorney's fees, so you have nothing to lose. This answer is given in accordance with the laws of Virginia and may not be applicable in any other state.  It should not be construed as legal advice, as that would require a more thorough analysis of all of the facts involved in a specific case.  If you need further information or assistance, please feel free to contact my office for a consultation. Case results depend upon a variety of factors unique to each case. Case results do not guarantee or predict a similar result in any future case.... Read More

There is no set time frame for this, unless one has been set by your employer.  It may be set forth in their employee handbook or any employment contract that you may have.  Since there is no legal requirement that they provide a severance package, it will all be pursuant to contract or company policy.  You may want to have a lawyer review the agreement to help ensure you are being treated fairly and getting the best deal. This answer is given in accordance with the laws of Virginia and may not be applicable in any other state.  It should not be construed as legal advice, as that would require a more thorough analysis of all of the facts involved in a specific case.  If you need further information or assistance, please feel free to contact my office for a consultation. Case results depend upon a variety of factors unique to each case. Case results do not guarantee or predict a similar result in any future case.  ... Read More

Depending upon the size of your employer, you might have had a claim under the Americans with Disabilities Act or the Family and Medical Leave Act.  The statute of limitations on disability discrimination is 300 days in which to file a charge of discrimination with the EEOC.  The statute of limitations on violations of the FMLA is 2 years from the violation.  It appears that you are outside the window for either type of claim.  Courts will “toll” the statute of limitations in certain limited situations, but it’s difficult to say whether your facts would meet the criteria.  Please call us to schedule a consultation.... Read More

It sounds as though your job duties do not qualify for any of the major exemptions to the overtime rules under the Fair Labor Standards Act (executive, administrative, or professional).  You may qualify for the “federal motor carrier” exemption if the truck you drive weighs more than 10,000 pounds, but that would not necessarily mean you wouldn’t be entitled to overtime. The default rule is that you are entitled to time and a half for every hour in excess of 40 in a given week.  That would mean you are entitled to half time for hours 41 through 50 in your workweek, whether or not you get a weight bonus.  Please call us to schedule a consultation so we can get more detail about your claims.... Read More

It sound like this employer's actions may be in violation of the Fair Labor Standards Act.  Or if you are truly an independent contractor not subject to that act, then he may be in breach of contract.  He cannot simply change the terms of compensation after you relied on that agreement in putting in the extra time.  If you have good records and proof of both the original agreement and the time worked, you should have a very good lawsuit. This answer is given in accordance with the laws of Virginia and may not be applicable in any other state.  It should not be construed as legal advice, as that would require a more thorough analysis of all of the facts involved in a specific case.  If you need further information or assistance, please feel free to contact my office for a consultation. Case results depend upon a variety of factors unique to each case. Case results do not guarantee or predict a similar result in any future case.  ... Read More

It sounds like your employer has gone from treating you as an employee to wanting to treat you as an independent contractor, where he can pay you by the job, rather than by the hour.  However, he can't do this unless you actually meet the criteria for an independent contractor.  Some of the factors that determine whether you can be considered an independent contractor are: - Are you required to work on site, or can you work wherever you want? - Do you set your own hours? - Are you free to work for other companies, as well? - Do you handle your own taxes and withholding.  Are you a W-2 employee or does the company send you a 1099? These are just some of the things that will determine whether you are an independent contractor or an employee.  Assuming you are an employee, you must be paid for the hours you work (unless you are a high-lever exempt salaried employee), and time-and-a-half for any overtime hours in excess of 40 per week.  It sounds like your employer may be in violation of the Fair Labor Standards Act. This answer is given in accordance with the laws of Virginia and may not be applicable in any other state.  It should not be construed as legal advice, as that would require a more thorough analysis of all of the facts involved in a specific case.  If you need further information or assistance, please feel free to contact my office for a consultation. Case results depend upon a variety of factors unique to each case. Case results do not guarantee or predict a similar result in any future case.  ... Read More

Yes, you can amend a Complaint that has been filed, but you need leave of court.  This requires filing a motion with the court and submitting a proposed order that allows you amend your pleading. This answer is given in accordance with the laws of Virginia and may not be applicable in any other state.  It should not be construed as legal advice, as that would require a more thorough analysis of all of the facts involved in a specific case.  If you need further information or assistance, please feel free to contact my office for a consultation. Case results depend upon a variety of factors unique to each case. Case results do not guarantee or predict a similar result in any future case.... Read More

Generally, this is unalwful. If you are paid by the hour, you are entitled to be paid for every hour you work and time and a half for every hour over 40 in a given workweek. Your boss cannot tell you to put 40 hours on your timesheet when you actually worked more than that. The Fair Labor Standards Act is the law that governs this area.  You may be able to recover your unpaid wages and the same amount in liquidated damages.  You should keep your own records of the hours that you have worked.  In a situation like this, C1 and C2 may be “joint employers” under the FLSA, so you may be able to recover from C1 even though C2 is the entity on your paystubs. Please call us to schedule a consultation.... Read More

There is no bright line based on whether you have a bachelor's degree for whether you must be paid hourly or on salary.  In fact, the fact that you have a degree would probably help support your employer's position that you are exempt from the provisions of the Fair Labor Standards Act that require lower level employees to be paid for every hour that they work and time-and-a-half for hours in excess of 40 per week.  Higher level employees who are deemed executive, administrative, or professional are exempt from the hourly and overtime requirements and can be paid a set salary regardless of how many hours they work.  I think the rationale is that employees at this level are more educated, skilled, and knowledgeable and therefore better able to negotiate a decent salary for themselves outside of the federal protections. This answer is given in accordance with the laws of Virginia and may not be applicable in any other state.  It should not be construed as legal advice, as that would require a more thorough analysis of all of the facts involved in a specific case.  If you need further information or assistance, please feel free to contact my office for a consultation. Case results depend upon a variety of factors unique to each case. Case results do not guarantee or predict a similar result in any future case.    ... Read More

This would appear on its face to be in violation of the Family and Medical Leave Act, which entitled you of up to twelve weeks in a twelve month period of unpaid leave while they hold your job.  However, you have to invoke the FMLA - that is you must tell your employer that you are taking FMLA leave in order for your rights under the law to kick in. This answer is given in accordance with the laws of Virginia and may not be applicable in any other state.  It should not be construed as legal advice, as that would require a more thorough analysis of all of the facts involved in a specific case.  If you need further information or assistance, please feel free to contact my office for a consultation. Case results depend upon a variety of factors unique to each case. Case results do not guarantee or predict a similar result in any future case.... Read More

Yes you definitely should file for back wages against him.  Many states have a user friendly administrative process for claiming back wages for the time you worked but were not paid.  Try your state department of labor.  Many states also make this a misdemeanor and  allow for recovery of attorney fees to obtain your unpaid wages.... Read More

This depends entirely on whether you signed a noncompetition agreement with the previous employer, what the agreement says, what you are doing now, and for whom you are doing it.  Virginia courts will enforce a noncompete that is reasonable in duration, geographical reach, and restricted activities.  It’s a case-by-case analysis.  You are also not allowed to use any of the previous employer’s proprietary information at your new company.  We can review any employment agreements you had with the previous employer and, if necessary, try to negotiate an agreed resolution with the company or challenge parts of your employment agreement.  Please give us a call to schedule a consultation.... Read More

If you have a signed contract that says you have to pay some of the money back, that is generally enforceable.  Given the possibility that your rights may have been violated by a hostile environment, if there are questions over legal issues in the workplace, you may have some ability to negotiate a lower repayment figure or even a loan forgiveness.  Without more detail, I can’t say whether you might have a claim for retaliation or a hostile work environment, but if you do, that will give you more leverage in negotiations.  Please give us a call to schedule a consultation.... Read More

The pay practices you are describing are unlawful.  You must be compensated for all hours worked even if the employer feels you shouldn’t take so long doing them.  You must be paid time and a half for all hours over 40 in any workweek.  You cannot be retaliated against for filing a complaint about unlawful pay practices.  Please give us a call to schedule a consultation.... Read More