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Tag Archives: Employment

Discharge Prompted by Email Use, Not FMLA Leave (access required)

A hospital secretary who took FMLA leave for her migraine headaches cannot sue for retaliation after her discharge, as the hospital has demonstrated that she was terminated for her unauthorized use of her supervisor’s email; the Harrisonburg U.S. District Court ...

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FMLA Win & Loss Not ‘Inconsistent Verdict’ (access required)

A jury verdict in an FMLA case was not “inconsistent” because the jury found for  plaintiff on her “interference” claim and for employer on plaintiff’s “retaliation” claim based on her termination, says the Harrisonburg U.S. District Court; plaintiff wins $25,258 ...

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Evaluating overtime policies in anticipation of FLSA overhaul (access required)

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Management-side employment attorneys should prepare their clients now for upcoming revisions to the Federal Labor Standards Act, which could take effect by the end of next year and result in mandatory overtime payments to millions of salaried employees presently excluded ...

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Employer Wins Injunction Against Account Manager (access required)

A Virginia Beach military support contractor wins a preliminary injunction against its former regional account manager for Hawaii and Korea, for his alleged violation of a nonsolicitation clause in his Employment Agreement that covers his continued contacts with the U.S. ...

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ERISA Plan Fiduciaries May Face Personal Liability (access required)

Participants in a 401(k) plan before and after defendant separated its Reynolds tobacco business from its Nabisco food company and plan fiduciaries forced divestment of company stock proved that defendants breached their ERISA fiduciary duty of procedural prudence, and the ...

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Officers Settle Overtime-Pay Case for $3.2M (access required)

A Norfolk U.S. District Court approves a settlement agreement in this overtime-pay class action filed by plaintiffs, past and current law enforcement officers, that provides a total settlement fund of $3.2 million, including over $1.2 million in plaintiffs’ attorney’s fees ...

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