James H. Shoemaker, Jr. Blog

Serving Clients in Virginia Beach, Hampton Roads, Washington D.C. & Throughout the U.S.

August 24, 2017

Drug KickbacksThe pharmaceutical industry is big business, and the stakes are high – if there's corruption in the process and a drug makes it to market when it shouldn't, innocent people can get hurt.

One of the more common forms of pharmaceutical corruption is physician kickbacks. These have been illegal since 1987, but, sadly, this doesn't mean that these kickbacks don't still occur. We know they do.

If you've gained first-hand knowledge of illegal kickbacks – defined as a...

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July 25, 2017

A wide range of workplace issues are covered by employment law, including:am I protected by employment law virginia

  • Overtime violations: The Fair Labor Standards Act (FLSA) provides protections against wage theft issues such as not being paid overtime, being paid less than minimum wage, or being forced to do work off the clock.
  • Racial and sexual harassment or discrimination: You have a...
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July 19, 2017

Unemployment can have a devastating effect on a person's life. However, if you have been a victim of wrongful discharge, you may be able to seek justice and compensation with the help of an experienced unemployment attorney.wrongful discharge employment law

James Shoemaker has years of experience helping those who have been wrongfully terminated, and as a partner at Patten, Wornom, Hatten & Diamonstein, has the resources to...

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June 28, 2017

Pharmaceutical fraud is one of the most prevalent types of fraud in the USA. Last year alone the federal government recovered over $4.7 billion from False Claims Act cases. Pharmaceutical fraud hurts not only the government but the average citizen as well by hiking drug prices, hiding research that reveals adverse side effects, misrepresenting FDA-approved uses of drugs, and providing significant kickbacks to doctors in exchange for the doctor to prescribe a certain drug more often....

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June 22, 2017

While civil rights and societal acceptance have come a long way over the years for women and minorities, workplace discrimination is unfortunately still much more common than it should be. Employees might be discriminated against on the basis of:employment discrimination attorney virginia

  • Race
  • Gender
  • Sexual orientation
  • Age
  • Disability

Women may also be discriminated...

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May 27, 2017

Tipped Employee OvertimeCalculating what overtime pay you might be entitled to as a tipped employee requires taking into account your employer’s tip credit, which is your employer’s credit against its minimum wage obligation to you.

Under the Fair Labor Standards Act (FLSA), tipped employees are those who customarily receive tips and regularly earn more than $30 each month in tips, including workers such as:

  • ...
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May 01, 2017

Noncompete employment contractNoncompete agreements or clauses are often part of an employment contract. As with any contract, you should review its meaning and potential impact on your future career with an attorney before signing anything.

Companies generally use noncompete agreements to prevent employees from leaving the company and immediately taking their experience and knowledge to a competitor. However, a company cannot...

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May 01, 2017

Salaried Employee OvertimeTrying to understand whether you should be receiving overtime pay for working long hours can be confusing when you are a salaried employee. James Shoemaker, an experienced overtime lawyer can help make that process easier.

For salary workers, three factors determine whether you are exempt from overtime pay:

  1. Are you paid more than $455 each week ($23,660 each year)?
  2. Is your salary fixed and not subject to reduction for quality or quantity...
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March 23, 2017

Knowing exactly what Medicare and Medicaid fraud is can be a challenge. There are many intricacies to the federal insurance programs that, sometimes, only an experienced litigator can understand. However, if you believe a company or individual is committing fraud against these federal healthcare programs, it's important to speak up and find a lawyer that can help you. Check out our new slideshare that discusses Medicare/Medicaid fraud, and how a Medicare/Medicaid fraud attorney can help you.

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February 24, 2017

Virginia Beach employment law attorneyWhen you agree to work for any employer, you are entering a mutual agreement under the assumption that you will be treated fairly and with respect. Unfortunately, this isn't always the case. As an employee, it's important to know that you have rights. If you or another coworker experienced a workplace violation, or you experienced something that didn't feel quite right, an employment law...

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