Personal Injury & Employment

Articles | The Personal Injury & Employment Law Center

2016 New Overtime Rules – What Businesses Need to Know

On December 1, 2016, new rules will go into effect regarding overtime under the Fair Labor Standards Act (FLSA). Under the FLSA, most hourly and salaried blue-collar workers are entitled to time-and-a-half pay when they work more than 40 hours in a week. However, the FLSA also contains several exceptions to this rule. The most common is the “white collar exemption” – an exception for higher-paid workers who generally have Read More

Equal Pay Act (EPA) v Title VII

The Equal Pay Act (EPA) and Title VII both were created in an effort to stem discrimination in the workplace. When thinking of the EPA and Title VII, a lot of people think of salary and gender discrimination, but it may be easiest to think of them as swimming pools. The EPA is like a kiddie pool that can only fit a small number of people whereas Title VII is Read More

VSU at center of lawsuit

"Four female members of Virginia State University's faculty and staff are suing the university and its governing board over alleged gender-based pay disparities, sexual harassment and favoritism, and retaliation when they complained.

The separate lawsuits were filed in Richmond Circuit Court by Deborah Goodwyn, associate professor of languages and literature; Zoe Spencer, associate professor of sociology and social work; Sandra Evans, director of the first-year experience program; and Bridget Wilson,

Read More

Top Nine Tips If You’re in a Motor Vehicle Accident

If you are in a motor vehicle accident and you believe the other driver was at fault, or it is not clear who may have been at fault, what should you do? Call the police. Collect and exchange information with the other drivers, passengers and eyewitnesses. Capturing complete eyewitness information is essential; especially if you are on private property or the police otherwise say they cannot be involved. Unless you are severely injured Read More

“Building Families and Rebuilding Lives”: Super Lawyers Article Features Quinn

Colleen M. Quinn discussed her practice in a recent issue of Virginia Super Lawyers: Clients of multidisciplinary lawyer Colleen Quinn have a history teacher to thank. “When we would get our tests back, which were multiple choice, if I got an answer wrong that I thought should be right, I would argue,” Quinn says. “Initially all the students would roll their eyes like, ‘Oh, gosh, there she goes again,’ and Dr. Read More

Making Sure Your Medical Bills Get Paid if You are in an Accident

If you are in an accident – and you are injured – be sure to know the various sources for getting your medical bills paid. These include: health insurance, workers compensation (if the accident happened while you were on the job), medical payments coverage and, lastly, liability coverage. Regardless of who is at fault for the accident– it is important to check to see if there is medical payments coverage. If Read More

Ten Thrifty Employment Tips in Thirty Minutes

Ten Thrifty Employment Tips in Thirty Minutes

A Presentation by

Colleen Marea Quinn, Esq.

Locke & Quinn

4928 West Broad Street

Richmond, VA 23230

804-545-9406

804-545-9411 (fax)

quinn@lockequinn.com

www.reproductionattorney.com

Here's a sample of what's in the presentation:

Tip No. 1: Have a Comprehensive Employee Handbook

Tip No. 2: Have a Drug Testing Policy

Tip No. 3: Do

Read More

Recognizing and Eliminating Sexual Harassment

Recognizing and Eliminating Sexual Harassment

The Journal of the Virginia Trial Lawyers Association, Winter 2000-2001 Recognizing and Eliminating Sexual Harassment Comments and guidelines for a congenial workplace by Colleen M. Quinn Click Here To Download/View  -> Recognizing and Eliminating Sexual Harassment

Traps and Pitfalls in Handling Immunity Cases

Traps and Pitfalls in Handling Immunity Cases

The Journal of the Virginia Trial Lawyers Association, Volume 20 Number 1, 2008 Traps and Pitfalls in Handling Immunity Cases by Colleen M. Quinn Click Here To Download/View  -> Traps and Pitfalls in Handling Immunity Cases

Injury Case Intake

Injury Case Intake

The Journal of the Virginia Trial Lawyers Association, Fall 2004 Evidence Injury Case Intake - a primer on preserving and gathering the evidence

by Colleen M. Quinn Click Here To Download/View  -> Injury Case Intake

RICHMOND: 804-285-6253
CONTACT US

2016 New Overtime Rules – What Businesses Need to Know


On December 1, 2016, new rules will go into effect regarding overtime under the Fair Labor Standards Act (FLSA). Under the FLSA, most hourly and salaried blue-collar workers are entitled to time-and-a-half pay when they work more than 40 hours in a week. However, the FLSA also contains several exceptions to this rule. The most common is the “white collar exemption” – an exception for higher-paid workers who generally have better benefits, job security, and opportunities for advancement, who generally meet three criteria:

  1. First, they must be paid on a salary basis (rather than hourly, for example).
  2. Second, they must pass the “job duties” test, meaning that they perform the type of work associated with exempt executive, administrative, or professional employees.
  3. Third, their salary must meet the “minimum salary threshold” established by the Department of Labor. The biggest change that will occur on December 1 is this amount will be raised to $913 per week, or $47,476 per year, almost double the current threshold amount. Most employees earning less than $913 per week will be entitled to overtime once the new law goes into effect, regardless of whether they are salaried or pass the “job duties” test.

Bonuses and Commissions – The new law will permit up to ten percent of the white collar exemption salary threshold to be met by non-discretionary bonuses, incentive pay, or commissions, provided these amounts are paid on at least a quarterly basis.

Exceptions – Some types of employees may fall into another exemption under the FLSA, which does not require them to pass the white collar salary threshold test; therefore, these employees will not be affected by the new regulations. These types of employees include among others:

  • Outside Sales Employees
  • Drivers who fall under the motor carrier exemption.
  • Doctors, Lawyers, Teachers

“Highly Compensated Employee” (HCE) Threshold – Another change is to the salary threshold for the “highly compensated employee” exemption which is currently $100,000 per year, with at least $455 per week on a salary or fee basis. That amount will be raised to $134,000 per year, with at least $913 per week on a salary or fee basis.

 Future Planned Increases – Employers should prepare for the minimum threshold amounts for both the white collar and the HCE exemptions to change regularly every three years, beginning January 1, 2020.

 Options for Businesses after December 1, 2016 – For employees who do not currently receive overtime, but may be eligible after December 1, employers may opt to:

  • Raise Salaries
  • Pay Overtime, and/or
  • Cap Hours and Hire Part Time Employees

This article provides general information only. A more detailed summary is available by email to quinn@lockequinn.com or dean@lockequinn.com Locke & Quinn provides employment law services. Article provided by Kati Kitts Dean, Esq. and Colleen M. Quinn, Esq. at https://plus.google.com/+LockeQuinnColleenMQuinnRichmond/about

Equal Pay Act (EPA) v Title VII


The Equal Pay Act (EPA) and Title VII both were created in an effort to stem discrimination in the workplace. When thinking of the EPA and Title VII, a lot of people think of salary and gender discrimination, but it may be easiest to think of them as swimming pools. The EPA is like a kiddie pool that can only fit a small number of people whereas Title VII is an Olympic-sized pool that can fit a large number of people.

Who is protected?

Under the EPA, individuals can only sue if their employer is paying them differently than another employee based on their sex. Furthermore, you have to compare yourself to an employee whose position is substantially equal to yours. This tends to be the most difficult part of filing an EPA claim because many people choose to compare their wages to people who aren’t in similar positions. Lastly, as if all of those hoops were not enough, the law gives employers exemptions in certain situations for paying their employees less based on sex.

On the other hand, Title VII is a lot broader than the EPA. Under Title VII, individuals can sue if their employer is discriminating against them based on their race, color, national origin, sex or religion. Title VII can encompass discrimination other than visit in pay differential such as sexual harassment, unlawful termination or other discrimination in the provision of job benefits.

So, why would anyone file an EPA claim?

You’re probably wondering “If an EPA claim is so hard to file under, why would anyone use it?” There are two main reasons someone might file an EPA claim over a Title VII claim for wage discrimination on the basis of sex. First, in order for someone to file a claim under Title VII, your employer must employ at least 15 people. If your employer has less than 15 people working for them, no Title VII claim can be filed. However, under the EPA, there is no minimum number of employees needed to file your claim. Second, in order for someone to file a claim under Title VII, they have to file a charge with the Equal Employment Opportunity Commission (EEOC) before filing suit and the EEOC has a mandatory 180 days to consider the claim. Under the EPA, you don’t have to go through the EEOC, which means that a lawsuit can be filed much sooner.

VSU at center of lawsuit


“Four female members of Virginia State University’s faculty and staff are suing the university and its governing board over alleged gender-based pay disparities, sexual harassment and favoritism, and retaliation when they complained.

The separate lawsuits were filed in Richmond Circuit Court by Deborah Goodwyn, associate professor of languages and literature; Zoe Spencer, associate professor of sociology and social work; Sandra Evans, director of the first-year experience program; and Bridget Wilson, associate director of student health services.”

Read more on this story by clicking the links below:

http://m.progress-index.com/news/20160602/vsu-at-center-of-lawsuit?platform=hootsuite

http://www.richmond.com/news/local/chesterfield/article_cf93e057-cf8e-56d1-901c-3ff9c3099951.html

http://wtvr.com/2016/05/18/4-female-employees-sue-vsu/

http://wric.com/2016/06/02/4-female-vsu-employees-sue-over-pay-inequity-sexual-harassment/

Top Nine Tips If You’re in a Motor Vehicle Accident


If you are in a motor vehicle accident and you believe the other driver was at fault, or it is not clear who may have been at fault, what should you do?

  1. Call the police.
  2. Collect and exchange information with the other drivers, passengers and eyewitnesses. Capturing complete eyewitness information is essential; especially if you are on private property or the police otherwise say they cannot be involved.
  3. Unless you are severely injured and needing or receiving medical attention, take pictures of the damage to and location of the vehicles. Since most mobile phones now have cameras it should be relatively easy, or consider keeping a disposable camera in the glove compartment. In severe accidents it is becoming more common for the police to also take photos or video, so note if they do.
  4. If you are injured, get immediate medical attention even if you think you can “tough it out”.
  5. Write down the facts that occurred and what was said as soon as you are able.
  6. Notify your automobile insurance company as quickly as possible.
  7. Do not admit fault. Do not consent to work out auto damage repairs or medical care.
  8. Keep a copy of this list in your glove compartment.
  9. If you are injured, then you should consult an attorney. If the injuries and medical bills are minimal, in most instances an honest attorney will tell you that you can resolve your case directly with the insurance company for a fair settlement – eliminating paying part of the recovery for the attorney fee. The experienced attorney also may be able to provide a general settlement range. However, if the injuries are more significant, hiring a good, reputable personal injury attorney will be worth it – especially to help you navigate the medical, insurance, employment, disability, property damage and other issues involved.

This article provides general information only. For more details please be sure to contact an attorney. Locke & Quinn provides personal injury and other personal legal services. Article provided by Colleen M. Quinn, Esq. at https://plus.google.com/+LockeQuinnColleenMQuinnRichmond/about.

“Building Families and Rebuilding Lives”: Super Lawyers Article Features Quinn


Colleen M. Quinn discussed her practice in a recent issue of Virginia Super Lawyers:

Clients of multidisciplinary lawyer Colleen Quinn have a history teacher to thank. “When we would get our tests back, which were multiple choice, if I got an answer wrong that I thought should be right, I would argue,” Quinn says. “Initially all the students would roll their eyes like, ‘Oh, gosh, there she goes again,’ and Dr. Pfennig would say, ‘Ms. Quinn, if there’s anything you’re going to be, it’s a lawyer. And anyone that marked that answer, I will accept it.’” Quinn laughs. “Then it started to happen that after every test, everyone would look to me to start the next argument.”

She’s been arguing ever since, on behalf of clients in a broad range of cases. “I’ve had the fortune of being exposed to many different areas of the law,” says Quinn, who handles personal injury, employment and has an adoption/surrogacy niche. “I focus on building families and rebuilding lives. The adoption/surrogacy part is building families; with the employment/personal injury, there’s a sense of rebuilding lives.”

Click here to read the complete article »

Making Sure Your Medical Bills Get Paid if You are in an Accident


If you are in an accident – and you are injured – be sure to know the various sources for getting your medical bills paid. These include: health insurance, workers compensation (if the accident happened while you were on the job), medical payments coverage and, lastly, liability coverage.

Regardless of who is at fault for the accident– it is important to check to see if there is medical payments coverage. If it was an automobile accident – check to see if you have medical payments coverage under your automobile insurance policy. Medical payments coverage is there to cover any of your medical bills for any medical treatment arising out of the accident. And you are entitled to collect it even if you have health insurance or if workers compensation applies. Sometimes businesses also have medical payments coverage for when someone gets injured on the business property.

In addition, usually the amount of medical payments coverage is “stacked.” What that means is, if the amount of coverage showing on the declaration page of your auto policy is $1,000, but you have two cars on the policy, then the total amount of coverage actually is $1000 times two or $2,000.

If you were not at fault, the other source for getting your medical bills paid is the insurance policy of the person or company who is at fault and responsible for the accident. However, since it can take some time to collect against that person’s policy, it is important to look to all the other sources first. If that person did not have insurance, a final resort if it is an automobile case is to see if you have uninsured motorists coverage under your own policy. Depending on the case, sometimes homeowner’s and umbrella policies also might be implicated.

Because insurance policies sometimes can be difficult to understand, and because the sources of recovery and how they interact can be confusing, it is important to consult with a qualified personal injury attorney to maximize your recovery if you are in an accident and ensure all your medical treatment is covered.

Ten Thrifty Employment Tips in Thirty Minutes


Ten Thrifty Employment Tips in Thirty Minutes

A Presentation by

Colleen Marea Quinn, Esq.

Locke & Quinn

4928 West Broad Street

Richmond, VA 23230

804-545-9406

804-545-9411 (fax)

quinn@lockequinn.com

http://www.reproductionattorney.com


Here’s a sample of what’s in the presentation:

Tip No. 1: Have a Comprehensive Employee Handbook

Tip No. 2: Have a Drug Testing Policy

Tip No. 3: Do a Reputable and Thorough Background Check

Tip No. 4: Have a No Weapons Policy

and much much more…

Click Here to Download this Presentation as a PDF ->

Ten Thrifty Employment Tips


Recognizing and Eliminating Sexual Harassment


Recognizing and Eliminating Sexual Harassment

The Journal of the Virginia Trial
Lawyers Association, Winter 2000-2001

Recognizing and Eliminating Sexual Harassment

Comments and guidelines for a congenial workplace

by Colleen M. Quinn

Click Here To Download/View  -> Recognizing and Eliminating Sexual Harassment

Traps and Pitfalls in Handling Immunity Cases


Traps and Pitfalls in Handling Immunity Cases

The Journal of the Virginia Trial Lawyers Association, Volume 20 Number 1, 2008

Traps and Pitfalls in Handling Immunity Cases

by Colleen M. Quinn

Click Here To Download/View  -> Traps and Pitfalls in Handling Immunity Cases

Injury Case Intake


Injury Intake by Colleen M. Quinn


The Journal of the Virginia Trial Lawyers Association, Fall 2004 Evidence

Injury Case Intake – a primer on preserving and gathering the evidence

by Colleen M. Quinn

Click Here To Download/View  -> Injury Case Intake

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