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Rights of Employee to Demand Representation During Investigatory Interview Limited to Union Settings

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In June, the National Labor Relations Board (“NLRB” or the “Board”) overruled its controversial 2000 decision in Epilepsy Foundation and concluded that employees in non-union workplaces are not entitled to request that a co-worker or other representative be present at an investigatory interview conducted by his employer.  As will be further explained below, the so-called Weingarten “right to representation” has traditionally been available to employees in a union setting.  In its 2000 Epilepsy Foundation decision, however, the Board, in a surprising decision, extended “Weingarten rights” to non-union employees.  Last month, in IBM Corporation, 341 N.L.R.B. No. 148 (June 9, 2004), […]

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Brett Marston Receives Young Lawyer of the Year Award from Virginia State Bar

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K. Brett Marston, partner and co-chair of the construction practice of Gentry Locke Rakes & Moore, has been selected the 2004 recipient of the R. Edwin Burnette, Jr., Young Lawyer of the Year Award from the Virginia State Bar.  Marston received the award at the 66th Annual Meeting of the Virginia State Bar held June 17 through 20 in Virginia Beach. The award was established in 1994 and is named after R. Edwin Burnette, Jr., a General District Court judge and past-president of the Virginia State Bar.  It is given annually to the young Virginia attorney who best represents the […]

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Guest Speaker at Firm Overtime Seminar Promoted to Top Wage-Hour Position with DOL

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Alfred B. Robinson, Jr. was the special guest speaker at the seminar on May 17, 2004 regarding the new overtime regulations sponsored by Gentry Locke Rakes & Moore and The Roanoke Regional Chamber of Commerce.  Three days later, Mr. Robinson testified in Congress on behalf of the Bush Administration as to the new overtime rules.  On June 2, 2004, the Secretary of Labor Elaine L. Chao announced that Al Robinson was promoted to the position of Acting Administrator of the DOL’s Wage and Hour Division effective June 14, 2004.  The new overtime regulations will take effect August 23, 2004.  For more […]

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Seminar Teaches Administrators Ins and Outs of New Overtime Rules

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Seminar Teaches Administrators Ins and Outs of New Overtime Rules By Jenny Kincaid, The Roanoke Times May 18, 2004 The meeting resembled a problem-solving session in seventh-grade math class. The problem: Terri works at a convenience store. She takes on some manager’s duties, such as paperwork and hiring. But 75 percent of her duties are basic, such as cooking hamburgers and serving ice cream. Should she be paid by the hour or by salary? Local human resource directors, business executives and others scratched their heads over that question and others Monday. During a seminar at the Hotel Roanoke & Conference […]

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Immigration Services Fee Adjustments

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Immigration Services Fee Adjustments Take Effect April 30, 2004The U.S. Citizenship and Immigration Services (USCIS) released a new fee schedule for immigration related processing services.  The cost of immigration services and benefits provided by the USCIS is required to be recovered from service fees and not from general revenues.  USCIS has declared that because of new post-September 11 processes, improved security checks, and inflation, the costs of providing these services and benefits have increased.  The agency has also stated its intention to achieve the President’s goal of eliminating the application backlog by FY 2006

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New Overtime Regulations Issued

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LEGAL ALERT New Overtime Regulations Issued April 20, 2004   The DOL announced today (April 20, 2004) that the new Final Regulations for overtime exemptions have been issued.  Intended to reduce the confusion that has led to an avalanche of class action wage-hour lawsuits in recent years resulting in dozens of multi-million dollar settlements and verdicts, the DOL issued a comprehensive set of new regulations that will overhaul regulations which have not been significantly changed in more than 50 years.  Barring Congressional action, the Final Regulations will take effect August 23, 2004.    In response to a wave of concerns, […]

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Dominique Dawes Named As Keynote Speaker for the 6th Annual Young Heroes Awards Banquet, May 18, 2005 at the Hotel Roanoke

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Young Heroes Awards Banquet tickets are $400 for a table seating ten or $45 for individual tickets. Be sure your organization or business is represented in this important community event. Success is a Journey, NOT a Destination Dominique Dawes won Olympic gold. But, for her, success is so much more than medals and accolades: it’s something she worked hard to achieve everyday en route to Olympic glory. Today she shares her personal and professional philosophy with audiences across the country. Called “D-3” – Determination, Dedication, Desire – it’s what gave her the strength and confidence to handle the professional and personal challenges […]

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Gentry Locke’s Healthcare Plan Seminars a Success

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On February 24, 25 and 26, 2004 a total of 125 attendees participated in Gentry Locke Rakes & Moore’s first set of morning briefings in Lynchburg, Roanoke and Blacksburg.  In a series of two-hour briefings, Gentry Locke attorneys supplied attendees with information critical to employer sponsored healthcare plans.  Attendees were provided with a key checklist to assist with HIPAA compliance, received an overview of the key provisions of the new Health Savings Act to help determine whether they could be an effective means of reducing employer’s healthcare costs and were provided with a detailed review of the new COBRA regulations […]

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