Virginia Lawyers Weekly VA Lawyers Weekly

Panel interviews of four candidates – even split by gender – to fill a U.S. Marshals Service leadership position provided no basis to find that the proffered reasons for selecting a male candidate were a pretext for gender discrimination. Background ...

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

A contract employee plausibly stated claims for FLSA violations and breach of contract based on allegations that his employer withheld two weeks of paychecks. Because the state court in his earlier-filed action on the same grounds had not made any ...

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

A district court did not err in denying preliminary injunctive relief to preserve the National Labor Relations Board’s ability to award relief following its adjudication of unfair labor practice charges against two hospitals. Because the Board did not show irreparable ...

Tagged with: 4th U.S. Circuit Court of Appeals Employment Judge Paul V. Niemeyer Labor

Panel interviews of four candidates – even split by gender – to fill a U.S. Marshals Service leadership position provided no basis to find that the proffered reasons for selecting a male candidate were a pretext for gender discrimination. Background ...

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

A contract employee plausibly stated claims for FLSA violations and breach of contract based on allegations that his employer withheld two weeks of paychecks. Because the state court in his earlier-filed action on the same grounds had not made any ...

Tagged with: Judge M. Hannah Lauck U.S. District Court - Eastern District Wage & Hour

A district court did not err in denying preliminary injunctive relief to preserve the National Labor Relations Board’s ability to award relief following its adjudication of unfair labor practice charges against two hospitals. Because the Board did not show irreparable ...

Tagged with: 4th U.S. Circuit Court of Appeals Judge Paul V. Niemeyer Labor

A contract employee who said only that he “would not be opposed” to mediation, but didn’t actually request it, didn’t satisfy a condition precedent for suing. In light of his previous non-suit after months of litigation, the circuit court had ...

Tagged with: Contract Employment Justice S. Bernard Goodwyn Supreme Court of Virginia

A plaintiff’s hostile-work-environment claim against his employers can proceed to trial. The plaintiff presented evidence of severe and pervasive harassing conduct based on sex, with no response by their supervisor. Despite firing both the harasser and the supervisor, the defendants ...

Tagged with: Civil Rights Employment Employment Discrimination Judge Norman K. Moon Sexual Harrassment U.S. District Court - Western District

As amended in 2015, Federal Rule of Civil Procedure 4(m) doesn’t require dismissal of a complaint served late, even with good cause not shown. Here, extending the service deadline better served the interests of justice, since it wouldn’t prejudice the ...

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

On reconsideration, an auto worker’s FMLA retaliation claim can go to trial after all. Having already found fact issues material to his other claims, the court concluded it would be inconsistent not to send the retaliation claim to the jury ...

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