Virginia Lawyers Weekly VA Lawyers Weekly

Where a Richmond police officer alleged that he was not promoted because of his race, national origin and age, and that a sergeant retaliated against him after he complained, his discrimination and retaliation claims survived the department’s motion to dismiss. ...

Tagged with: Employment Discrimination Judge John A. Gibney Jr. U.S. District Court - Eastern District

Where a woman who works and resides in Massachusetts agreed to a Virginia choice-of-venue clause in her employment agreement, the clause was enforceable when the company sued her alleging she wrongfully competed with it after she resigned. Background Susan LePage, ...

Tagged with: Employment Judge John A. Gibney Jr. U.S. District Court - Eastern District

Where a former high school principal offered an affidavit from a school board member saying he was told she was demoted because she took leave under the Family Medical Leave Act, or FMLA, the school board’s summary judgment motion on ...

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

Where a former Town of Abingdon employee exhausted her administrative remedies, but her complaint failed to allege that she had done so, and the court could not rely upon the extrinsic evidence showing exhaustion, the suit was dismissed with leave ...

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

Where a grievance panel decided that appellant was entitled to reinstatement and back pay, the circuit court erred by declining to implement the decision after considering additional evidence. The circuit court lacked the authority to consider facts not presented to ...

Tagged with: Employment Justice LeRoy F. Millette Jr. Supreme Court of Virginia

Where the National Labor Relations Board concluded that the relationship between a vocational services program and disabled janitors was akin to a “typically industrial” relationship, thus making the janitors “employees” under the National Labor Relations Act, and substantial evidence supported ...

Tagged with: 4th U.S. Circuit Court of Appeals Judge Robert B. King Labor

Where the district court issued a stay to allow the defendant to take an interlocutory appeal to the Fourth Circuit, which prevents plaintiffs from sending notices to putative collective members and limits their ability to opt in, the extraordinary circumstances ...

Tagged with: Employment Judge David J. Novak U.S. District Court - Eastern District

Where call center workers submitted declarations to support their claims that a company-wide policy required them to work before the start of their shifts, through unpaid meal breaks and after their shifts ended, their motion for conditional certification was granted. ...

Tagged with: Employment Judge David J. Novak U.S. District Court - Eastern District

Where neither the Fourth Circuit nor the U.S. Supreme Court has prescribed the process for certification of FLSA collective actions, and the defendant urged the court to follow a Fifth Circuit decision outlining an approach different from the one typically ...

Tagged with: Employment Judge David J. Novak U.S. District Court - Eastern District

Where plaintiffs alleged their employer underpaid hourly employees by rounding time entries, and offered affidavits showing they worked the same or similar hours, performed the same or similar duties and operated the same or similar equipment as all putative subclass ...

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