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Employment Law Blog

Ex Parte Young: A Partial Way Around Sovereign Immunity

The Supreme Court’s decision in Ex Parte Young, 209 U.S. 123 (1908), stands for the principle that sovereign immunity does not prevent people harmed by state agencies acting in violation of federal law from suing the officials in...
•August 25, 2021•
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Virginia Employment Records Law: Guaranteeing Employees the Right to Receive Copies of Pay Records

The Virginia Employment Records Law (“VERL”), VA Code § 8.01-413.1, requires employers to provide employees upon request with copies of all records reflecting the employee’s wages or salary during their employment, and certain other categories of records. The...
•August 15, 2021•
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Virginia Pay Transparency Law: Protecting the Right of Virginia Employees to Discuss Pay Information

The Virginia Pay Transparency Law (“VPTL”), VA Code § 40.1-28.7:9, prohibits an employer from discharging or taking other retaliatory action against employees for discussing their pay or any other employees’ pay. The law is important because protecting employees’...
•July 17, 2021•
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Federal Express v. Holowecki: EEOC Charge Defined

In Fed. Exp. Corp. v. Holowecki, 552 U.S. 389, 128 S. Ct. 1147 (2008), the Supreme Court held that for an employee’s filing with the Equal Employment Opportunity Commission to be deemed a “charge” under the Age Discrimination...
•July 14, 2021•
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Kimel v. Fla. Bd. of Regents: Sovereign Immunity and the Age Discrimination in Employment Act

In Kimel v. Fla. Bd. of Regents, 528 U.S. 62, 120 S. Ct. 631 (2000), the Supreme Court held that although the Age Discrimination in Employment Act contains a clear statement of Congress’ intent to abrogate the States’...
•July 12, 2021•
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