Virginia Lawyers Weekly VA Lawyers Weekly

Neither the Fair Labor Standards Act nor the Age Discrimination in Employment Act prohibit an employee from waiving a class or collective action in an otherwise valid contractual agreement. Background Nannette Hutchens asserts that Capital One failed to comply with ...

Tagged with: Employment Judge M. Hannah Lauck U.S. District Court - Eastern District

Where a former senior vice president of mobile solutions knew the company’s  compensation committee rejected the agreed-upon vesting criteria for his stock options in July 2013, but didn’t file suit until November 2016, his breach of contract and good faith/fair ...

Tagged with: 4th U.S. Circuit Court of Appeals Employment

An employee succeeded in having a default judgment entered against the company he sued for violations of the Fair Labor Standards Act because its repeated failure to respond to discovery, even after being ordered to do so by the court, ...

Tagged with: Judge T.S. Ellis III Sanctions U.S. District Court - Eastern District

A Dominion Energy maintenance supervisor terminated after violating safety procedures and falsely recording his working time failed to show his termination was because of his alleged whistleblowing. Background In 2002, Walter Madison began working at Dominion’s North Anna Power Station. ...

Tagged with: Employment Judge Norman K. Moon U.S. District Court - Western District

A company’s bid to avoid overtime liability by claiming an event sales manager was a highly compensated employee failed because her job functions, which included seeking new customers, responding to questions from operations team and serving as the primary point ...

Tagged with: Employment Judge Liam O'Grady U.S. District Court - Eastern District

Although a pharmaceutical sales manager alleged the head of commercial operations was “noticeably rude” to her and caused her colleagues to comment about his behavior, Title VII does not create a general civility code in the workplace. Her hostile work environment ...

Tagged with: Employment Discrimination Judge M. Hannah Lauck U.S. District Court - Eastern District

Where the collective bargaining agreement between Safeway and its union did not define what constitutes “good cause” to terminate an employee, the arbitrator’s decision to reinstate the grievant was not an irrational interpretation. However, because Safeway’s position was plausible and ...

Tagged with: Arbitration Judge John F. Anderson U.S. District Court - Eastern District

Even if a Nigerian doctor hired as a hospitalist was disciplined, suffered social ostracization and was assigned to less favorable working conditions because of his race, the actions in this case did not constitute adverse employment actions. Background The district ...

Tagged with: 4th U.S. Circuit Court of Appeals Employment Discrimination

Where the record reflected legitimate concerns that the communication skills of a former Old Dominion University employee were impaired, that the impairment was affecting his work and that he repeatedly failed to attend a required evaluation, it was his  conduct, ...

Tagged with: 4th U.S. Circuit Court of Appeals Employment Discrimination

Where a salesperson alleged IBM defrauded him by “capping” his sales commissions despite allegedly representing they would not be capped, his claims for fraud, unjust enrichment or quantum meruit were not foreclosed by disclaimer language in which IBM reserved its ...

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