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Category Archives: Employment Law

Making Sure Independent Contractors Are Not Considered Employees

By Tobin O’Connor & Ewing |

Signing an independent contractor agreement is not enough to make employees independent contractors. Under U.S. employment law, if workers are not properly classified, there can be unexpected liability for the employer. If workers are considered employees and they worked more than 40 hours, they are likely entitled to overtime pay under the Fair Labor… Read More »

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Virginia Law Regarding Wrongful Termination

By Tobin O’Connor & Ewing |

In VanBuren v. Grubb, the plaintiff, Angela VanBuren, claims that her supervisor, Stephen Grubb, sexually harassed her. VanBuren alleges that she rejected Grubb’s repeated advances, which included inappropriate comments, touching, groping and kissing. When Grubb asked VanBuren whether she planned to stay with her husband and she answered affirmatively, he fired her. He provided… Read More »

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Ways an Employee May Ask for a Reasonable Accommodation Under the ADA

By Tobin O’Connor & Ewing |

If an individual with disabilities needs reasonable accommodation at their workplace, the individual must request the accommodation from the employer. When an employee makes their request, an employer should determine whether the employee’s medical condition falls within the parameters of disability under the ADA. Disability is defined by the recent amendments to the ADA… Read More »

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What Businesses with up to 50 Employees Need to Know About the Affordable Care Act

By Tobin O’Connor & Ewing |

Numerous provisions of the Affordable Care Act are slated to go into effect in 2013 and 2014. Many of these provisions will affect employers with up to 50 employees, and it is critical for businesses to be prepared. The U.S. Small Business Administration delineated some of these major changes, which include: Small Business Health… Read More »

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The Basics of Following Labor Laws When Hiring Interns

By Tobin O’Connor & Ewing |

Internships at for-profit entities must comply with the Fair Labor Standards Act (FLSA). The Department of Labor has issued a guide to help employers comply with the legal wage and overtime requirements of the FLSA. The law defines the term “employ” very broadly, and those who qualify as employees rather than trainees must be… Read More »

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What Constitutes an Undue Hardship for an Employer Under the ADA?

By Tobin O’Connor & Ewing |

Under the Americans with Disabilities Act (ADA), employers must provide reasonable workplace accommodations to employees with disabilities to facilitate their employment or face serious consequences. The Equal Employment Opportunity Commission explains that employers are not required to provide a reasonable accommodation if it would cause an undue hardship. The standard for proving undue hardship… Read More »

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What is a Reasonable Accommodation under the ADA? Important Information for Employers

By Tobin O’Connor & Ewing |

The Americans with Disabilities Act requires employers to provide reasonable accommodations to qualified individuals with disabilities, unless it would cause undue hardship. The act defines an accommodation as “any change in the work environment or in the way things are customarily done that enables an individual with a disability to enjoy equal employment opportunities.”… Read More »

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EEOC Issues New Documents on Specific Disabilities

By Tobin O’Connor & Ewing |

We provide legal counsel and guidance to business clients on labor issues including employment, discipline and discrimination. In recent months, the Equal Employment Opportunity Commission (EEOC) issued revised publications concerning protection from employer discrimination on several specific medical issues. The four topics revised and published by the EEOC in May discuss how certain physical… Read More »

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Employee or Independent Contractor? Understanding Employee Job Classification

By Tobin O’Connor & Ewing |

It is essential for any employer to understand the differences between an employee and an independent contractor. Employers have the following tax responsibilities with regard to each employee: Calculate and withhold income taxes Calculate and withhold Social Security and Medicare taxes The factors used by the IRS in determining whether an employee is an… Read More »

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Reasonable Accommodation Basics for the Disabled

By Tobin O’Connor & Ewing |

Reasonable accommodation is one of the most complicated concepts businesses must contend with under the Americans with Disabilities Act. Unfortunately, this complexity means that even well-meaning employers can find themselves facing substantial civil liability for misunderstanding the full scope and effect of this important provision. But the concept of reasonable accommodation also has limits… Read More »

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