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In this day and age, employers can little afford to exclude a qualified employee without good reason. While obtaining a pre-employment criminal background check may seem like an easy way to screen out problem employees, applying such a policy without looking to specifics could also screen out a qualified candidate. For example, a felony for writing a bad check 20 years ago may not justify denying an applicant employment as head custodian. Looking to the specific facts related to an…
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Elon Musk is known for many things. He propelled Tesla from small startup to one of the six largest companies in the world, with a market capitalization of around a trillion dollars, all within twenty years. He’s also known for his “mad scientist” ideas (like mind-control microchips), frenetic, often comical presentations , string of high-profile relationships, and general internet trollery and tomfoolery. It’s at this weird intersection of celebrity, finance, and internet meme culture that our saga begins. On November…
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On November 4, 2021, the Department of Labor’s Occupational Safety and Health Administration (OSHA) announced a rule requiring employers with 100 or more employees to ensure that all of their employees are vaccinated or that unvaccinated employees test for COVID-19 on (at least) a weekly basis. The rule also requires that employers with 100 or more employees provide paid-time for employees to get vaccinated. Finally, the rule requires that covered employers require that all unvaccinated wear masks in the workplace.…
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No one ever thinks about the terms of their insurance policy until after there is a loss or a claim to report, and even then, few insureds pull out their policy – if they can remember where they filed it – and sit down to parse the policy’s terms to determine whether the loss or the claim is actually covered. Fewer still bother to check the numerous conditions provided in the policy to make a bullet-list of duties the insured…
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When an employee is injured on the job due to the negligence of a non-employer third-party, the employee has two claims: one against the employer based in workers’ compensation, the other as a personal injury claim against the third-party. While they may have two claims, they are allowed only one recovery for their lost wages, medical bills, and other expenses. Noblin v. Randolph Corp., 180 Va. 345, 358-59 (1942). Thus, when an employer pays an employee’s medical bills and lost…
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Becoming effective in July of 2020, the Virginia Human Rights act drastically changed employment law in Virginia. Prior to the law in 2020, the Human Rights Act contained a very limited private right of action against employment discrimination. The previous law allowed for an employer to bring a cause of action against an employer for unlawful discharge on the basis of race, color, religion, national origin, sex, pregnancy, or childbirth or related medical conditions. This law applied only to businesses…
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A reckless driving charge in Virginia is not merely a moving violation or a simple speeding ticket. This is because Virginia makes reckless driving a criminal offense, and more specifically, a class one misdemeanor. For context, class one misdemeanors are the most serious misdemeanors in Virginia. They are punishable by up to 12 months in jail and also carry the potential of up to a $2,500 fine. Other examples of class one misdemeanors include petit larceny, assault and battery, and…
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In the ongoing annals of the trucking industry’s running battle against the asphalt piracy of excessive towing charges, all too often owner-operators of heavy trucks get caught in the cross-fire. The scenario is not unusual: an owner-operator of a truck is under contract with a trucking company to haul a load of cargo, and while en route his truck becomes mechanically disabled. The disablement might be the result of a mechanical breakdown or some other problem with the engine or…
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