Virginia Lawyers Weekly VA Lawyers Weekly

As the home healthcare aides were employees, not independent contractors, their employer violated the Fair Labor Standards Act by not paying them overtime. Moreover, because the employer was ignorant of the relevant rules, it was liable for additional liquidated damages, ...

Tagged with: Judge Leonie Brinkema Labor U.S. District Court - Eastern District

A CFO who was terminated five months after filing a complaint with the Office of State Inspector General alleging financial wrongdoing by the executive director could proceed on his claims of retaliatory discharge, but he failed to show that any ...

Tagged with: Employment Judge Michael F. Urbanski U.S. District Court - Western District

An employee plausibly alleged his former employer violated the Family and Medical Leave Act when it terminated him days after he requested leave to care for his two ill sons. The allegations were sufficient to state claims of discrimination, retaliation ...

Tagged with: Employment Discrimination Judge James P. Jones U.S. District Court - Western District

As the home healthcare aides were employees, not independent contractors, their employer violated the Fair Labor Standards Act by not paying them overtime. Moreover, because the employer was ignorant of the relevant rules, it was liable for additional liquidated damages, ...

Tagged with: Judge Leonie Brinkema Labor U.S. District Court - Eastern District

Where an employee voluntarily left her employment after her position was downgraded from full-time to part time, she was not constructively discharged. and the change did not constitute an adverse employment action sufficient to establish a prima facie case of ...

Tagged with: Employment Discrimination Judge Claude M. Hilton U.S. District Court - Eastern District

Where a sheriff terminated a deputy sheriff who supported the sheriff’s opponent during the re-election campaign, he did not violate the law. Background This case arises from Sheriff Michael L. Chapman’s decision not to reappoint Mark F. McCaffrey as a ...

Tagged with: 4th U.S. Circuit Court of Appeals Employment Judge A. Marvin Quattlebaum Jr.

A garbage truck driver who was terminated for job abandonment after missing a single day of work due to illness has a valid employment discrimination claim because his performance was satisfactory, his employer’s changing rationale for the termination suggested pretext ...

Tagged with: 4th U.S. Circuit Court of Appeals Employment Discrimination Judge Roger L. Gregory

An employee who was terminated shortly after reporting a hostile work environment and a lack of investigation into her sexual harassment claim was entitled to back pay for the wages and benefits she would have earned had she not been ...

Tagged with: Employment Discrimination Judge Robert J. Krask U.S. District Court - Eastern District

Although the record showed the former operating room technician had multiple issues with employees, the alleged conduct, which included three direct confrontations, one overheard conversation and complaints made out of the employee’s presence, was not sufficiently severe or pervasive to ...

Tagged with: Employment Discrimination Judge Michael F. Urbanski U.S. District Court - Western District

Only the plaintiffs who received right-to-sue letters from the Equal Employment Opportunity Commission more than 180 days after filing their EEOC charges could proceed on their discrimination and retaliation claims, but all plaintiffs adequately alleged violations of the Fair Labor ...

Tagged with: Employment Judge Elizabeth K. Dillon U.S. District Court - Western District