The Employment Law Chronicle

As a courtesy to District of Columbia employers and employment lawyers, The Employment Law Chronicle provides summaries and links (where available) to key District of Columbia labor and employment laws.

The D.C. Wage Payment and Wage Collection Law applies to most non-government employers in the District of Columbia. In general, it requires employers to pay employees wages earned at least twice a month on regular paydays and to make timely payment of wages upon an employee's departure. The wage law does not apply to executives, administrative, or professional employees.

Here are answers to some frequently asked questions about payment of wages in the District of Columbia:

Continue reading "D.C. Employment Law: District of Columbia Wage Payment and Wage Collection Law, D.C. Code §§ 32-1301 et seq. " »

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Posted In: District of Columbia Laws , Employment Laws (DC, Virgnia & Fed.) , Leave, Overtime & Wages

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As a courtesy to Virginia employment lawyers and employers, The Employment Law Chronicle provides summaries and links to key business and employment law statutes. While the Virginia Conspiracy Act does not protect employment interests, it is often invoked in Virginia business litigation on allegations that a former employee conspired with a subsequent employer or others to injure the former employer's business interests.

Specifically, the Virginia Conspiracy Act provides for civil actions based on a conspiracy by two or more persons to injure a person or entity's business interests (not employment interests). In addition to injunctive relief, a prevailing plaintiff may recover treble damages (three-times the amount of damages), plus attorneys' fees and costs.

Key provisions of the Virginia Business Conspiracy Act follow:

Continue reading "Virginia Employment Law: Virginia Business Conspiracy Act, VA Code §§ 18.2-499 - 18.2-500" »

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Posted In: Employment Laws (DC, Virgnia & Fed.) , Virginia Laws

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In my ongoing effort to chronicle in one place (this blog) the major employment laws affecting employers in Virginia and the District of Columbia, here is an overview of the Reconstruction Era Civil Rights Acts as applied to modern-day employment discrimination lawsuits.

Continue reading "Federal Employment Law: Reconstruction Era Civil Rights Acts: 42 U.S.C. §§ 1981, 1983, 1985, and 1986." »

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Posted In: Age Discrimination , Disability Discrimination , Employment Discrimination , Employment Law Summaries , Employment Laws (DC, Virgnia & Fed.) , Federal Laws , National Origin & Citizenship , Other Types of Discrimination , Race Discrimination , Religion , Sex, Equal Pay & Pregnancy

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The House of Representatives is considering two employment discrimination bills today: The Lilly Ledbetter Fair Pay Act, H.R. 11; and The Paycheck Fairness Act, H.R. 12. Both bills are designed to strengthen equal pay laws.

Here is a good summary from the AP.

Posted by Lori J. Searcy | Permalink | Email This Post

Posted In: Employment Discrimination , Employment Laws (DC, Virgnia & Fed.) , Federal Laws

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As a courtesy to employment lawyers and employers, The Employment Law Chronicle provides links to the text of key Federal, Virginia, and District of Columbia labor and employment laws published on public sites.

The ADA prohibits employment discrimination against "a qualified individual with a disability" because of the disability in regard to job application procedures, hiring, promotion, discharge, compensation, training, or other terms, conditions, and privileges of employment. The ADA also governs medical examinations and disability-related inquiries.

Covered Employers. The ADA applies to education instutitions, state, local, and private-sector employers with 15 or more employees; employment agencies; labor organizations; and joint labor management committees. It does not apply to the federal government or private membership clubs (other than a labor organization). Coverage of multinational employers depends on a variety of factors, as explained here by the Equal Employment Opportunity Commission.

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Posted In: Disability Discrimination , Employment Discrimination , Employment Laws (DC, Virgnia & Fed.) , Federal Laws

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Effective November 13, 2008, the District of Columbia's new sick leave law requires employers to provide employees with up to seven days (varies based on employer size) of paid sick leave for absences due to the employee or family member's medical condition, domestic violence or sexual abuse. While the Federal Government has paid sick-leave policies for federal employees, for now, no other jurisdiction in the Washington Metro area (Maryland or Virginia) requires employers to provide paid sick leave.

The Mayor is expected to issue rules implementing the new sick leave law within 60 days of the effective date. It is my hope that the regulations will clarify the following two issues that are, at best, ambiguous in the law: (a) whether the ASSLA applies only to employees who satisfy the DCFMLA's time and hour restrictions; and (b) the employer's control over an employee's use of carryover sick leave.

Please see the following Questions & Answers for highlights of the new law:

Continue reading "D.C. Employment Law: District of Columbia Accrued Sick and Safe Leave Act ("ASSLA") Takes Effect Providing Employees With Paid Sick Leave" »

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Posted In: Company Handbooks & Policies , District of Columbia Laws , Employment Laws (DC, Virgnia & Fed.) , Leave, Overtime & Wages

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As a courtesy to employers and employment lawyers, The Employment Law Chronicle provides links to the text of key Federal, Virginia, and District of Columbia labor and employment laws published on government sites.

Title VII prohibits employment discrimination on the basis of race, color, national origin, religion or sex.

Posted by Lori J. Searcy | Permalink | Email This Post

Posted In: Employment Discrimination , Employment Laws (DC, Virgnia & Fed.) , Federal Laws , National Origin & Citizenship , Other Types of Discrimination , Race Discrimination , Religion , Sex, Equal Pay & Pregnancy

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As a courtesy to employment lawyers and employers, The Employment Law Chronicle provides links to the text of key Federal, Virginia, and District of Columbia labor and employment laws published on government sites.

The DC Human Rights Act prohibits employment discrimination on the basis of race, color, religion, national origin. sex, age, marital status, personal appearance, sexual orientation, gender identity or expression, family responsibilities, genetic information, disability, matriculation, or political affiliation.

Posted by Lori J. Searcy | Permalink | Email This Post

Posted In: Age Discrimination , Disability Discrimination , District of Columbia Laws , Employment Discrimination , Employment Laws (DC, Virgnia & Fed.) , National Origin & Citizenship , Other Types of Discrimination , Race Discrimination , Religion , Sex, Equal Pay & Pregnancy

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As a courtesy to employment lawyers and employers, The Employment Law Chronicle provides links to the text of key Federal, Virginia, and District of Columbia labor and employment laws published on government sites.

The Fair Labor Standards Act sets minimum wage, overtime pay, recordkeeping, and child labor standards. It applies to most employers in the private sector, Federal, State, and local governments. The U.S. Department of Labor provides helpful material on the FLSA.

Minimum Wage: While some workers may qualify for a FLSA exemption, nonexempt workers are entitled to a minimum wage as follows: $5.85 per hour effective July 24, 2007; $6.55 per hour effective July 24, 2008; and $7.25 effective July 24, 2009.

Overtime: After 40 hours of work in a workweek, covered employers must pay nonexempt workers overtime in the amount of at least 1 1/2 times their regular rate of pay.

Posted by Lori J. Searcy | Permalink | Email This Post

Posted In: Company Handbooks & Policies , Employment Laws (DC, Virgnia & Fed.) , Federal Laws , Leave, Overtime & Wages

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As a courtesy to employers and employment lawyers, The Employment Law Chronicle provides links to the text of key Federal, Virginia, and District of Columbia labor and employment laws published on government sites.

The FMLA permits eligible employees of covered employers to take up to 12 weeks of job-protected, unpaid leave during any 12-month period. The National Defense Authorization Act (NDAA) for FY 2008 amends the FMLA to provide for additional categories of job-protected leave relating to members of the military.

Continue reading "Family Medical Leave Act of 1993 (FMLA): 29 U.S.C. §§ 2601 et. seq. " »

Posted by Lori J. Searcy | Permalink | Email This Post

Posted In: Company Handbooks & Policies , Employment Laws (DC, Virgnia & Fed.) , Federal Laws , Leave, Overtime & Wages

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As a courtesy to employers and employment lawyers, The Employment Law Chronicle provides links to the text of key Federal, Virginia, and District of Columbia labor and employment laws published on public sites.

The Virginia Human Rights Act prohibits discrimination because of race, color, religion, national origin, sex, pregnancy, childbirth or related medical conditions, age, marital status, or disability.

Posted by Lori J. Searcy | Permalink | Email This Post

Posted In: Age Discrimination , Disability Discrimination , Employment Discrimination , Employment Laws (DC, Virgnia & Fed.) , National Origin & Citizenship , Other Types of Discrimination , Race Discrimination , Religion , Sex, Equal Pay & Pregnancy , Virginia Laws

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As a courtesy to employers and employment lawyers, The Employment Law Chronicle provides links to the text of key Federal, Virginia, and District of Columbia labor and employment laws published on government sites.

The Displaced Workers Protection Act of 1994, as amended by the Way to Work Amendment Act of 2006, requires certain new contractors who employ 25 or more people to retain eligible displaced food service, janitorial, building maintenance, non-professional health care, and security workers who performed similar services under a prior contract.

The full text of the DWPA, as amended, is found in Title 32 (Labor) of the D.C. Code.

Posted by Lori J. Searcy | Permalink | Email This Post

Posted In: District of Columbia Laws , Employment Laws (DC, Virgnia & Fed.)

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As part of The Employment Law Chronicle's ongoing effort to chronicle workplace laws affecting employers in Virginia and the District of Columbia, please take note that Virginia Code Section 40.1-11.1, entitled "Employment of illegal immigrants," sanctions referral or employment of individuals who cannot document their eligibility to work in the United States, providing in part:

It shall be unlawful and constitute a Class 1 misdemeanor for any employer or any person acting as an agent for an employer, or any person who, for a fee, refers an alien who cannot provide documents indicating that he or she is legally eligible for employment in the United States for employment to an employer, or an officer, agent or representative of a labor organization to knowingly employ, continue to employ, or refer for employment any alien who cannot provide documents indicating that he or she is legally eligible for employment in the United States.

While the law does not require an employer to use an employment application, an employer who chooses to use an employment application must ask prospective employees if they are legally eligible to work in the United States.

To view the complete text of this statute, follow links to the Code of Virginia at this site.

Posted by Lori J. Searcy | Permalink | Email This Post

Posted In: Employment Laws (DC, Virgnia & Fed.) , Immigration , Virginia Laws

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