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Year-end Alerts to Employers – Part 4: Confidentiality Rules Under Fire – Be Warned!

Articles

This is the fourth installment of a series of year-end alerts to employers. Part 1: OSHA Reporting Rules Effective December 1, 2016 Part 2: Paycheck Transparency Rules Effective January 1, 2017 Part 3: Paid Sick Leave for Federal Contractors Effective January 1, 2017 One area of intense interest to the Obama Administration has been to challenge the use of confidentiality provisions in employee handbooks as well as in employment agreements of all kinds. For a number of years, the NLRB has found confidentiality policies that prohibit employees from discussing wage information or other terms and conditions of employment to be […]

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Partner David Paxton Quoted in Law360 Article on 2016 Employment Law Changes

News

Gentry Locke Employment Law Chair David Paxton was interviewed and quoted in a Law 360 article entitled “The Top Employment Regulations Of 2016”. Reporter Vin Gurrieri included the following comments by Paxton: The Overtime Rule: David Paxton of Gentry Locke said the outcome of the case “will be fascinating,” adding that the overtime rule, of all the recent regulations issued, was the one “that has the broadest impact on employers. For small businesses and nonprofits, it’s a major financial disaster,” Paxton said. “Trying to undo it will be problematic — I don’t know how it will play out.” New EEO-1 […]

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Year-end Alerts to Employers — Part 3: Paid Sick Leave for Federal Contractors Effective January 1, 2017

Articles

This is the third installment of a series of year-end alerts to employers. This alert is of particular interest to federal government contractors. Part 1: OSHA Reporting Rules Effective December 1, 2016 Part 2: Paycheck Transparency Rules Effective January 1, 2017 Part 4: Confidentiality Rules Under Fire – Be Warned! The Department of Labor (DOL) on September 30, 2016 issued new final rules spelling out the requirement for covered federal contractors to provide employees with up to seven days (56 hours) of paid sick leave per year.[1] Employees who are covered under this new Rule are “any person[s]” engaged in […]

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Year-end Alerts to Employers — Part 2: Paycheck Transparency Rules Effective January 1, 2017

Articles

This is the second installment of a series of year-end alerts to employers. This alert is of particular interest to federal government contractors. Part 1: OSHA Reporting Rules Effective December 1, 2016 Part 3: Paid Sick Leave for Federal Contractors Effective January 1, 2017 Part 4: Confidentiality Rules Under Fire – Be Warned! On October 24, 2016, a Texas federal judge issued a nationwide injunction prohibiting the enforcement of certain portions of Fair Pay and Safe Workplace Rules.[1] These Rules would have required employers to disclose alleged but not fully adjudicated labor violations when bidding for contracting work. The judge […]

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Year-end Alerts to Employers — Part 1: OSHA Reporting Rules Effective December 1, 2016

Articles

This is the first installment of a series of year-end alerts for employers. This alert focuses on OSHA reporting rule changes. Part 2: Paycheck Transparency Rules Effective January 1, 2017 Part 3: Paid Sick Leave for Federal Contractors Effective January 1, 2017 Part 4: Confidentiality Rules Under Fire – Be Warned! A rash of lawsuits filed this fall challenged a number of new federal requirements imposed by the outgoing Obama Administration. Some of these court challenges have been successful, e.g., recent injunctions prohibiting enforcement of the new overtime regulations, and the new “persuader” rules. This Alert is the first of […]

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Gentry Locke Partners Herschel Keller and Glenn Pulley Named Lynchburg Business “Top Lawyers”

News

LYNCHBURG, Va. (December 14, 2016) – Gentry Locke is pleased to announce that partners Herschel V. Keller and W. Glenn Pulley were selected for inclusion on Lynchburg Business magazine’s inaugural “Top Lawyers of Greater Lynchburg” list. The ranking recognizes who is considered the “best of the best” in the region’s legal community. Keller, who leads Gentry Locke’s Lynchburg office, was named for Corporate and Business Law, Commercial Construction Law and Litigation, Complex Contract Drafting and Negotiation, Environmental and Land Use, and Real Estate. In his practice, Keller represents businesses, governmental entities, and institutions in Lynchburg and across the Commonwealth. He is active […]

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Supreme Court of Virginia Affirms Circuit Court Decision in Construction Claim

Case Studies

The results of client matters depend on a variety of factors unique to each matter. Past successes do not predict or guarantee future successes.

Gentry Locke for the Defense Montgomery County Circuit Court, then Supreme Court of Virginia Gentry Locke defended two subcontractors, along with their performance bond surety companies, against a claim by a general contractor related to a construction project at Virginia Tech. The project was completed in the late 1990s. Virginia Tech pursued a claim for defective work against the general contractor and resolved that dispute for a $3 million settlement. The general contractor then pursued a claim for breach of contract and indemnification against several subcontractors and sureties. The Supreme Court of Virginia affirmed the trial court’s ruling that the statute […]

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Gentry Locke Welcomes Attorneys Calton and Coleman

News

ROANOKE, Va. (December 7, 2016) – Gentry Locke is pleased to announce that Charles R. Calton and Lauren E. Coleman  have joined the firm’s Roanoke office as associates. Calton has joined the firm’s Plaintiff’s practice group as a trial lawyer, where he will represent clients in medical malpractice, wrongful death, and personal injury cases across Virginia. Before joining Gentry Locke, Calton worked for more than a decade as a claims representative in the civil litigation section at the Virginia Office of the Attorney General. He also served as an adjudication specialist with the Virginia Department of Health Professions, representing individuals […]

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Breweries and Intellectual Property: Putting the “IP” in IPA

Articles

So, what do your brewery, Facebook, and Google have in common? With Google and Facebook’s progressive offices there is probably some connection involving beer pong, but beyond that, intellectual property (“IP”) is a significant asset of each. Brewery owners will spend countless hours and dollars investing in producing the best beer and marketing to build brand recognition, but will overlook protecting that intellectual property they spent so much effort building. Admittedly, Facebook and Google [and Anheuser-Busch and MillerCoors] are huge companies with in-house attorneys and legal budgets devoted to obtaining, licensing, and policing their intellectual property, which just doesn’t make […]

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Preventing Unlawful Harassment in the Workplace: The EEOC’s Call for a “Reboot”

Articles

Did you know that almost 1/3 of the approximately 90,000 charges filed with the EEOC in fiscal year 2015 included an allegation of unlawful “harassment” in the workplace? Moreover, according to the EEOC’s latest research, 3 out of 4 persons who experience “harassment” at work never report it to anyone either internally (e.g., HR or a supervisor) or externally (e.g., EEOC charge). Simply stated, workplace harassment continues to be a significant problem. Mindful of this problem, the EEOC convened a diverse and experienced Task Force to investigate, and to offer analysis and solutions. In June 2016, the EEOC Task Force […]

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