The Library

This article appeared in the Blue Ridge Business Journal on May 7, 2007. A formatted PDF is available under the Additional Reading section. Q: Our company has a confidentiality policy that, among other things, prohibits employees from discussing their pay with other employees. Is such a policy lawful? A: Probably not. Most employers have policies in their employee handbooks or otherwise concerning the business need to keep certain information “confidential.” A recent federal appeals court decision, however, found that one company’s policy was overbroad and unlawful. Cintas Corporation published the following policy in its employee handbook: We honor confidentiality. We […]

This article was published in the Blue Ridge Business Journal on April 23, 2007. Many contractors, suppliers, and owners hear and use the phrase “put a lien on property” and wrongly think that filing a mechanic’s lien provides instant relief to the party seeking to be paid. That is hardly the case, as there are few areas of the law so fraught with rules and issues that make recovery on a mechanic’s lien quite difficult. Mechanic’s liens provide a means by which contractors and suppliers may obtain a security interest in real property they improved, and ultimately compel the sale […]

Amendments to the Federal Rules of Civil Procedure governing the discovery of electronically stored information (“ESI”) went into effect on December 1, 2006. Barely a month later, on January 12, 2006, United States District Judge Glen E. Conrad entered the first significant opinion in the Western District of Virginia interpreting the new amendments. Judge Conrad’s decision in DE Technologies, Inc. v. Dell Inc., Civil Action No. 7:04CV00628, involved patent infringement claims against Dell. The primary issue before the court was whether Dell had produced certain electronic documents “as they are kept in the usual course of business” or in a […]

This article appeared in the Blue Ridge Business Journal on January 29, 2007. On a construction site, who can potentially be cited for the violation of an OSHA standard? Can a general contractor, architect, or even the owner of the project be cited if another entity’s employee is injured or exposed to a dangerous condition? Is the Virginia Department of Labor & Industry presently issuing such citations? Under regulations adopted by the Virginia Department of Labor & Industry relating to “multi-employer worksites,” any number of entities working on a construction site can be cited for an OSHA violation, even if […]

The full article is available in pre-formatted PDF format under the Additional Reading section. INTRODUCTION Changes to the Federal Rules of Civil Procedure, which became effective December 1, 2006, now require the parties and their attorneys to come to grips quickly with the discovery of “electronically stored information” (“ESI”). These new Federal Rules put a fine point on the need for law firms (and their business clients) to become familiar with and conversant about their clients’ use of computers and other electronic devices where ESI is stored. Planning for and educating businesses before litigation arises, particularly the IT staffs and […]

The EEOC’s revised EEO-1 report has been approved by the Office of Management and Budget, and becomes effective September 30, 2007. The EEO-1 is an anonymous report the EEOC uses to track the number of women and minorities in certain broad occupational categories. All private employers with 100 or more employees, as well as some federal contractors with 50 or more employees, are required to file an EEO-1 report annually. Employers will be expected to use the new form for the report due September 30, 2007. Until that time, employers are to use the previous EEO-1 form. The new EEO-1 […]

The debates over immigration and border security have renewed focus on “English-only” policies. Across the country, efforts to formally make English the “national language” of the United States are gaining momentum. Earlier this year, the Senate overwhelmingly voted in favor of designating English the “national language” (63-34) to “promote national unity.” More recently, a town just outside of Dallas, Texas made national headlines for unanimously approving tough, local anti-immigration measures, including a provision naming English the town’s official language. Now, some companies are jumping on this bandwagon. Geno’s Steaks, a landmark cheese steak restaurant in Philadelphia, recently made national news […]

In today’s global economy, more and more companies employ workers in foreign countries – either non-U.S. citizens, or U.S. citizens employed abroad. These types of employment relationships present unique challenges for employers, including language and cultural differences that can be, or develop into, cultural barriers. Such cultural barriers have the potential to corrupt an employment relationship and lead to litigation. For this reason, it is essential that companies that employ workers abroad understand how U.S. employment laws apply to their foreign or “extraterritorial” employees. This article briefly examines the application of the major federal employment laws – the Fair Labor […]

The Commission has addressed the issue of whether a claimant may file for permanent total disability benefits while he/she is still on an open award for temporary total disability benefits. The case law suggests that this procedure is not favored. “As a matter of practice, the Commission does wait until nearer the expiration of the 500 weeks before converting a temporary-total award to a permanent-total award since by that time, there is frequently no question as to whether the claimant is permanently and totally incapacitated.” Long v. DBR Const., Inc., VWC File No. 164-30-05 (decided July 6, 2000). Further, “an […]