21 McCandlish Holton  Attorneys Named 2019 Virginia 'Legal Elite'

McCandlish Holton is pleased to announce that twenty-one of our attorneys are named  in the 20th Edition 'Legal Elite' by Virginia Business Magazine. Each year Virginia Business Magazine asks attorneys throughout the Commonwealth to nominate their peers for distinction in 20 categories. The full list of 21 McCandlish Holton attorneys on this year’s Legal Elite list, recognized in 11 categories: 

ADMINISTRATIVE/GOVERNMENT:

Michael R. Ward

ALTERNATIVE DISPUTE RESOLUTION:

Michael H. Gladstone

Joseph M. Moore

Brennan C. Morrissett

BANKRUPTCY/CREDITORS' RIGHTS:

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Resolving Conflicts Between Emotional Support Animals in the Workplace and the Americans with Disabilities Act

The New Elephant in the Room

The recent public discourse (and comedy) surrounding odd uses of animals for emotional support including squirrels and alligators, makes it easy to lose sight of the fact that many people suffering from diagnosed emotional or mental disabilities rely daily on animals of all types for emotional support.  Registrations of emotional support animals have risen exponentially over the past decade, which has resulted in a need for many, including employers, to confront those who claim to need animals for support.  Employers in Virginia may have legal justification for excluding disruptive animals from the workplace, but they should be aware of the potential compliance pitfalls under the Americans with Disabilities Act (ADA) before making quick decisions about animals brought by employees. 

Employee’s Use of Emotional Support Animals and Compliance with the ADA

Under the ADA, it is unlawful to discriminate against a person in employment on the basis of the employee’s actual, documented, or perceived disability.  This bar on disability discrimination extends to hiring, firing, promotion, pay, harassment, and other significant employment decisions.  While the ADA’s main purpose is to protect the rights of the disabled in the workplace, the law is conscious of the needs of employers to maintain safe and effective workplaces.  The ADA requires an employer to make reasonable accommodations for an

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The New Overtime Rule for Exempt Employees

By: Samantha S. Otero, Business Law Practice Group

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McCandlish Holton Ranked Tier 1 by U.S. News “Best Law Firms” 2020

McCandlish Holton is recognized for 11 practice areas in the 2020 edition of US News – Best Lawyers “Best Law Firms.” The firm received metropolitan Richmond Tier 1 ratings in Immigration, Commercial Litigation, Immigration Law, and Personal Injury Litigation – Defendants. Eight additional practice areas earned Richmond Metro ratings. See the full ratings here:  U.S. News – Best Lawyers “Best Law Firms” 2020.

Tier 1 - Richmond Metropolitan Area

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Case Analysis: Falling Asleep Behind the Wheel

By: Esther King, Esq. 

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2018 Annual Review of Virginia Workers' Compensation Trends

By: Amanda Tapscott Belliveau, Esq. 

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McCandlish Holton Attorney Successfully Represented a Virginia Business

McCandlish Holton Director Michael H. Gladstone successfully represented a Virginia business in a claim removed from state court to the U.S. District Court on a life insurance policy covering one of the company’s key executives. The policy death benefit exceeded $1,000,000.  The insurer had denied the claim alleging material misrepresentations by the decedent in answering health-related questions on the insurance application.  After discovery depositions of several of the insurer’s executives, the litigation was resolved at mediation, avoiding the necessity of a trial. 

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OSHA Rules Out Mandatory Post-Accident Drug Screening

Employers need to keep in mind that, while tempting, mandatory post-accident drug/alcohol testing is no longer permitted.  Effective August, 2016, new OSHA reporting rules require employers to establish a reasonable procedure for employees to report workplace accidents and injuries – free from intimidation or retaliation.

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Department of Labor Finalizes New Overtime Rules for White Collar Workers

By: Samantha S. Otero, Of Counsel, Business Law Practice Group

The new minimum salary level for exempt employees under the Fair Labor Standards Act (FLSA) will be $913 per week, or $47,476 per year, under final regulations that will be released on Wednesday, May 18, 2016, by the U.S. Department of Labor (DOL). 

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