Labor & Employment

U.S. Supreme Court Rules In Favor Of Employment Agreements Requiring Arbitration On An Individual Rather Than Class Or Collective Basis.

05/24/2018Bibeau Anne G.

The U.S. Supreme Court issued its opinion in Epic Systems Corp. v. Lewis on May 21, 2018, holding that employers and employees can agree in arbitration agreements that claims must be brought on an individual, rather than class or collective, basis. This decision reaffirms the federal policy favoring arbitration and a long line of cases requiring courts… Read more »

Agreements Not to Hire Another Business’s Employees And Sharing Wage Information May Violate Antitrust Laws


05/10/2018Bibeau Anne G.

By agreeing not to poach another business’s employees, or by sharing information with another business about your employees’ wages, you may be violating antitrust laws. The U.S. Justice Department’s (DOJ) Antitrust Division and the Federal Trade Commission (FTC) are taking an aggressive stance against such business practices and warning that they may trigger civil and… Read more »


04/10/2018Bibeau Anne G.

The Supreme Court ruled on April 2, 2018, that automobile service advisors are exempt under the Fair Labor Standards Act (“FLSA”) and therefore not entitled to overtime pay. The Court’s opinion, in Encino Motorcars, LLC v. Navarro, ends a long-running controversy over the extent of the FLSA’s overtime exemption (29 U.S.C. § 213(b)(10)(A)) for “any… Read more »


04/09/2018Bibeau Anne G.

Buried in the recently passed budget reconciliation bill, Congress addressed a Fair Labor Standards Act (“FLSA”) dispute regarding tip pooling arrangements. Restaurant and hotel owners with tipped staff need to be aware of these changes and to reevaluate their tip-pooling arrangements accordingly. The FLSA permits employers to require employees who are customarily and regularly tipped… Read more »

Arlene Klinesdinst Elected Chair of VBA’s Labor Relations and Employment Law Section

03/06/2018Klinedinst, Arlene F.

Vandeventer Black LLP AV® Preeminent-rated partner Arlene F. Klinedinst was elected to serve as new Chair of the Virginia Bar Association Labor Relations & Employment Law Section. Klinedinst also served as Chair of Vandeventer Black’s Labor and Employment Department. “Serving as Chair of the Labor Relations & Employment Law Section is a great honor for me,”… Read more »

Conducting Effective Sexual Harassment Investigations

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01/05/2018Bibeau Anne G.

Harvey Weinstein, Kevin Spacey, Louis C.K., Garrison Keeler, Matt Lauer … is someone in your office next? With the #MeToo movement showing no signs of slowing, business owners should be prepared to confront the demons in their own offices. As my Vandeventer Black colleague, Michael D. Pierce, explained recently in a related article, employers need… Read more »

NLRB Comes to its Senses on Joint-Employer Liability, Overruling its Browning-Ferris Decision

12/15/2017Bibeau Anne G.

On December 14, 2017, the National Labor Relations Board (“NLRB”) in Hy-Brand Industrial Contractors, Ltd. overruled its 2015 decision in Browning-Ferris Industries, which had redefined the joint-employer liability standard under the National Labor Relations Act (“NLRA”). Going forward, the NLRB will apply its earlier joint-employer liability standard. “Joint employer” is the legal doctrine whereby one… Read more »

Sexual Harassment: Reducing Employer Risk of Liability

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11/20/2017Pierce, Michael D.

Recent events involving powerful figures from the media, Hollywood, and Silicon Valley have created a renewed focus on sexual harassment claims.  From former Fox News political commentator Billy O’Reilly to former Uber CEO Travis Kalanick, and even Hollywood’s Harvey Weinstein, 2017 has been a year in which companies have been forced to re-evaluate their internal… Read more »