Category Archives: Employment Law
Virginia’s Shifting Landscape: What the New Noncompete Laws Mean for You
For decades, Virginia was considered one of the more employer-friendly states in the country. Courts enforced noncompete agreements with relatively few restrictions, and businesses could count on those agreements to protect their competitive interests when employees moved on. That era is coming to an end. Over the past six years, the Virginia General Assembly… Read More »
An Overview of Age Discrimination in Employment in Virginia
Age discrimination in employment was back in the news recently, when most Millennials passed age 40. This form of job bias may be one of the most complicated kinds of employment discrimination in state or federal law. In a nutshell, age discrimination is any unfavorable treatment of an employee or job applicant because of… Read More »
What Virginia’s New Paid Family and Medical Leave Law Means for Your Business
Virginia quietly made history in employment law and if you run a business in the Commonwealth, you need to know about it. Governor Abigail Spanberger has signed amended Senate Bill 2 into law, establishing a statewide Paid Family and Medical Leave program. The legislation makes Virginia the first Southern state to enact paid leave… Read More »
Top Ten Wrongful Termination Situations in Virginia
A sudden and unexpected job loss is a tough pill to swallow, both financially and emotionally. Financially, most people live from paycheck to paycheck. So, even a short-term income disruption often has devastating consequences. Additionally, the unemployment prejudice is a real thing. Many companies won’t even talk to unemployed applicants. Emotionally, for most people,… Read More »
**UPDATE** Increased Salary Threshold for Exempt Employees Blocked by Texas Court
By Robert Showers Esq. and Justin R. Coleman, Esq. On November 15, 2024, the United States District Court for the Eastern District of Texas overturned the US Department of Labor’s (DOL) rule to increase the salary threshold for exempt employees. As identified in our original article (https://www.simmsshowerslaw.com/salary-threshold-for-exempt-employees-to-increase/), the DOL increased the minimum annual salary… Read More »
The FTC Slams the Brakes on Non-Compete Agreements: What Employers Need to Know
By Kyle Winey, Esq and Robert Showers, Esq In a landmark regulatory decision, the Federal Trade Commission (FTC) took a decisive step toward protecting worker mobility by banning most non-compete agreements. This ruling, effective 120 days after its publication in the Federal Register (likely around late summer 2024), significantly impacts employers’ ability to restrict… Read More »
Employee or Independent Contractor: Making the Best Decision from IRS guidelines
Since the dawn of withholding and the requirement that employers match Social Security and Medicare taxes and provide benefits for full time employees, there has been a struggle between employers and the IRS over whether a worker should be considered an employee or an independent contractor. In the past, courts and the IRS have… Read More »
PPP Recipient Information Released by the SBA: What you Need to Know about What People Know About Your PPP Loan
PPP Recipient Information Released by the SBA: What you Need to Know About What People Know About Your PPP Loan By H. Robert Showers, Esq. and William R. Thetford, Esq. Last Updated: December 14, 2020 Back in July, the United States Small Business Administration (the SBA) released some information on the recipients of its… Read More »
Brave New World for Virginia Employers: New Nondiscrimination, Accommodations, and Other Employment Requirements
Brave New World for Virginia Employers: New Nondiscrimination, Accommodations, and Other Employment Requirements By William R. Thetford, Esq. and H. Robert Showers, Esq. Last Updated: August 25, 2020 Virginia had long been considered one of the most pro-business right-to-work states when it came to employment law.[1] A 2019 survey found Virginia to be the… Read More »
New Sexual Orientation and Gender Identity Law in Virginia: Ramifications for Religious Employers and Others
New Sexual Orientation and Gender Identity Law in Virginia: Ramifications for Religious Employers and Others By William R. Thetford, Esq. and H. Robert Showers, Esq. Last Updated: August 25, 2020 The legislative session of 2020 has radically transformed the legal climate of the Commonwealth of Virginia. This article analyzes the controversial Virginia Values Act… Read More »
