Category Archives: Employment Law
**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 »
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 »
How to Investigate a Sexual Harassment Allegation
How to Investigate a Sexual Harassment Allegation Seven steps to take when an allegation arises—and when outside help may prove wisest. By William R. Thetford Jr. Esq. and H. Robert Showers Esq. Every church should have a carefully crafted and legally sound policy to address sexual harassment. Such a policy can help guide and protect… Read More »
Seven Steps for Creating an Effective Sexual Harassment Policy
Seven Steps for Creating an Effective Sexual Harassment Policy By William R. Thetford Jr. Esq. and H. Robert Showers Esq. Updated July 1, 2020 A carefully crafted policy not only can provide protection for all involved, but also can serve as a deterrent. The #MeToo and #ChurchToo movements have captured headlines and national attention in recent… Read More »
SEXUAL MISCONDUCT PART II: POLICIES AND INVESTIGATIONS
By William R. Thetford, Jr., Esq., and H. Robert Showers, Esq. Last Fall, we wrote about how nonprofits, ministries, small businesses, and churches can prevent sexual abuse and handle allegations of sexual abuse if they arise. This was of significant interest to our readers as it is a very pertinent issue faced by many…. Read More »
Minimum Wages & Overtime Pay Under the FLSA
The Fair Labor Standards Act (FLSA) governs many employment issues, including minimum wages and overtime pay. As a federal act, the FLSA applies equally in every U.S. state. Employees across the United States enjoy employment protection under the FLSA. But there are limitations in place. The FLSA does not apply to every employer or… Read More »
How Does Virginia Protect Whistleblowers from Retaliation?
Under Virginia law, a whistleblower is an employee who witnesses or has evidence of their employer’s wrongdoing or misconduct. If the whistleblower reports the alleged wrongdoing — or indicates that they will make such a report — it is unlawful for the employer to retaliate. What Qualifies as Misconduct or Wrongdoing in Virginia? The… Read More »