With increasing frequency, employers are using criminal background checks as one tool in screening potential candidates for employment.  Employers should understand, however, that the use of such background checks come with some complexity relating to Title VII racial discrimination prohibitions.

The Supreme Court of Virginia found that an individual supervisor can be sued for wrongful discharge in VanBuren v. Grubb.  This case is important for Virginia employers because it means that owner-supervisors cannot always be shielded by a limited liability entity, such as a corporation.

Unpaid internships can be valuable to both interns and companies.  In establishing an internship program, however, it is important to understand the requirements of the Fair Labor Standards Act

Because the Plaintiff included a choice of law clause in its non-compete with its employees, the court was able to enforce a non-compete which would probably be considered too broad under Virginia law.

Employee handbooks are a prudent protective tool for employers but employers should be aware of potential unattended consequences of handbooks.

For Virginia employers, providing substantive references for former employees may be risky.

A prompt internal investigation may shield an employer from liability.  Employers, however, should be aware that relying on their internal investigations as a defense to a Title VII discrimination claims may have unintended results on the attorney work product immunity

The Virginia Supreme Court's Home Paramount decision reflects the high scrutiny applied by Virginia courts toward employee non-compete agreements.

The Supreme Court held that insufficient common elements existed between the plaintiffs in a Title VII class action against Wal-Mart

A federal judge in Virginia holds that a noncompetition agreement contained in a settlement agreement is not subject to the same scrutiny as a noncompete included in a typical employment agreement.