Government is continuously promulgating and modifying laws and regulations, putting more pressure on businesses to keep up with all the moving parts.  Howell Law Group works with businesses to keep them in compliance with the ever-changing laws and regulations so that they can maintain focus on their business.  HLG counsels on laws including:

• Title VII of the Civil Rights Act of 1964, as amended (Title VII);
• Sections 1981 through 1988 of Title 42 of the United States Code;
• The Americans with Disabilities Act of 1990, as amended (ADA);
• The Age Discrimination in Employment Act of 1967 (ADEA);
• The Worker Adjustment and Retraining Notification Act (WARN);
• The Family and Medical Leave Act (FMLA);
• The Fair Labor Standards Act (FLSA);
• The Equal Pay Act;
• The Uniformed Services Employment and Reemployment Rights Act (USERRA);
• The Older Workers Benefit Protection Act (OWBPA);
• The Virginia Human Rights Act;
• Virginia Statutory Provisions Regarding Retaliation/Discrimination for Filing a Workers’ Compensation Claim;
• The Virginia Equal Pay Act;
• The Virginians With Disabilities Act;
• Virginia Code § 40.1-27 regarding preventing employment by others;
• Virginia Code § 8.01-40 regarding unauthorized use of name or picture of any person;
• Virginia Code § 40.1-28.7:2 regarding protection of crime victims’ rights in employment;
• Virginia Code § 18.2-465.1 regarding protection of court witnesses’ and jurors’ rights;
• the AIDS Testing Law;
• Virginia Wage Payment and Hour Laws;
• The Virginia Values Act;
• Virginia Code §2.2-3904 regarding pregnancy accommodation; and
• The Virginia Overtime Wage Act.

If an employment issue arises, we counsel management on litigation avoidance and mitigation strategies.

The United States Department of Labor estimates that 70% of all employers are not in compliance with the Fair Labor Standards Act (FLSA), the Federal law which establishes minimum wage, overtime pay, record keeping, and youth employment standards affecting employees in the private sector.  As is evident from the statistics, many businesses that violate wage and hour laws do so mistakenly.  Good intentions, however, do not inoculate a business.  DOL still assesses fines and penalties and, in some cases, brings costly lawsuits.  Likewise, the Virginia Department of Labor and Industry (DOLI) enforces the Virginia Wage Payment Act, the Virginia Overtime Wage Act, the Virginia Minimum Wage Act and other employment-related state laws. Howell Law Group advises clients on wage and hour compliance (including proper classification of workers – as either contractors or employees; exempt or non-exempt) and, in the event of an audit or litigation, defends our clients in an effort to avoid costly fines, penalties and litigation.

Contracts are an essential part of conducting business.  They can remove some of the uncertainties in a transaction, clearly set out the expectations of both parties, protect your business and prevent misunderstandings that lead to litigation.  Clients count on Howell Law Group to create, review and enforce a variety of contracts, including:

• Employment Agreements (including Executive Employment Agreements);
•  Non-competition/Covenants not to Compete/Noncompetes, including advising on certain prohibitions for “low wage” workers;
• Non-solicitation Agreements (of employees and/or customers);
• Non-disclosure/Confidentiality Agreements; and
• Severance agreements.

Howell Law Group routinely advises former employers as well as prospective employers and employees on the enforceability of restrictive covenant agreements.  Additionally, HLG has enforced the above agreements, including restrictive covenants.  Finally, HLG has both successfully enforced and challenged restrictive covenant agreements as well as brought and defended claims of conspiracy, tortious interference with a contract or business expectancy, breach of fiduciary duty and related claims. In business torts and employment contract disputes, Howell Law Group will represent not only former employers who are bringing claims but also individual employees and their new employers who find themselves defending such claims.

Proactive, experienced business leaders recognize the need to set out well-drafted policies and procedures in writing through an Employee Handbook or Personnel Manual.  Not only does a handbook or manual clarify for employees a business’ expectations, but they oftentimes are critical in disputes.  Further, at times, they can be required by law.  From government agencies to courtroom litigation, written policies and procedures can help a business establish a claim or defend its position.  Failure to adopt well-written policies can even result in the loss of otherwise available defenses to certain claims.

Our clients count on us to prepare, review and update their handbooks/manuals, to ensure their personnel policies are compliant with all laws and to clarify or correct misstatements or ambiguities which can be a source of litigation.