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Recent Blog Posts

Phased Retirement: Is It Right For You and Your Company?

By Tobin O’Connor & Ewing |

A recent article in the Washington Post discusses the likelihood of phased retirement becoming more prevalent in the Washington, DC area over the next few years. As large numbers of baby boomers “age out” of the traditional full-time workforce, employers and employees alike must consider whether and how to retire. Phased retirement — a… Read More »

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Creating a Discrimination-Free Workplace

By Tobin O’Connor & Ewing |

Creating a discrimination-free workplace means more than just avoiding harassment and wrongful termination lawsuits. Employees who feel valued and judged based on their contributions work more productively. Additionally, workers who feel that they have a safe and established way to communicate with superiors about problems with coworkers will help root out unethical or illegal… Read More »

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The Foreign Corrupt Practices Act and Your Business

By Tobin O’Connor & Ewing |

The Foreign Corrupt Practices Act (FCPA) makes it unlawful for companies and their representatives to make payments to foreign officials to assist in obtaining or retaining business — even when such payments (bribes) typify business practice in that country. Historically, the Department of Justice (DOJ) has prosecuted both the individual businessmen and the companies… Read More »

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Avoiding Business Litigation: Some Tips

By Tobin O’Connor & Ewing |

Business litigation rarely revolves around fundamental principles that deserve defending, no matter what the cost. Business owners, corporate officers, and managers should keep in mind — no matter how frustrating the behavior or offensive the claims that led to litigation — the company’s best interests will nearly always be better served by settling out… Read More »

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Is Alcohol Testing a Violation of the ADA?

By Tobin O’Connor & Ewing |

The Americans with Disabilities Act of 1990 (ADA) prohibits employer discrimination against individuals with disabilities and requires employers to offer reasonable accommodations to employees with disabilities who can otherwise perform the essential functions of their jobs. Employers may not ask prospective employees about the nature or severity of disabilities or require them to take… Read More »

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What Happens if I Don’t Have a Will?

By Tobin O’Connor & Ewing |

If you do not have a will, what happens to your property and money varies depending on where you live. In Washington, DC, the rules can get a little confusing. For example, if you pass away leaving behind a spouse or domestic partner, but no parents and no children, everything you owned at the… Read More »

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The PCAOB and You

By Tobin O’Connor & Ewing |

The Sarbanes-Oxley Act created the Public Company Accounting Oversight Board (PCAOB) in 2002 in response to the corporate scandals and numerous accounting restatements of the 1990s and early 2000s. These scandals cost investors and employees millions of dollars in lost value of stocks and retirement accounts. Sarbanes-Oxley requires the PCAOB to protect the interests… Read More »

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How to Fire an At-Will Employee without Risking a Lawsuit

By Tobin O’Connor & Ewing |

Firing someone can be tricky business. For starters, no one wants to be the bearer of bad news — even if the person you need to let go has not produced much for the company in years. Then again, many situations require businesses to fire employees for reasons that have little or nothing to… Read More »

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How Do I Know if Wage and Hour Laws Apply to Me? A Quick Guide for Employers and Employees

By Tobin O’Connor & Ewing |

The Fair Labor Standards Act (FLSA) became federal law in 1938, establishing a national minimum wage, requiring time-and-a-half pay for overtime in many jobs, and prohibiting child labor. In Washington, DC, district law requires employers to pay the national minimum wage as established by the FLSA—currently $7.25—plus one dollar. But wage and hour laws… Read More »

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Why Should My Contracts Include an Arbitration or Mediation Clause?

By Tobin O’Connor & Ewing |

Managing litigation risk is an important issue for businesses of all types and sizes. In some cases, a single over-the-top judgment can push a vulnerable business into bankruptcy. Some legal risks do not permit advance planning and risk management, such as when an employee causes a serious motor vehicle accident or a visitor to… Read More »

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