Virginia Lawyers Weekly VA Lawyers Weekly

Because a school superintendent’s production of documents waived the right of privilege on records produced before a certain date, a former employee claiming gender-based wage bias may review them. Background In this action by a former public school employee claiming ...

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

The NLRB was entitled to recover $7,503 in fees based on accepted rates for  attorneys in Washington, D.C., after it prevailed in a discovery dispute with a coal company. Background The National Labor Relations Board moved to compel Cobalt Coal ...

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

Where a Goodwill driver willfully violated his employer’s known safety rules, he is denied workers’ compensation benefits. Background Appellant was employed by Rappahannock Goodwill. On Oct. 10, 2016, appellant sustained injuries while unloading donated goods from a company truck. Appellant ...

Tagged with: Judge Rossie D. Alston Jr. Virginia Court of Appeals Workers' Compensation

Employees settled Fair Labor Standards Act claims regarding overtime pay after the court required removal of “unreasonable” provisions on confidentiality and liquidated damages. Background On July 14, 2015, plaintiff Wayne Brockman filed his initial complaint against defendants Keystone Newport News ...

Tagged with: Employment Discrimination Judge Raymond A. Jackson U.S. District Court - Eastern District

An employer who failed to make pension contributions or to respond to pension funds’ lawsuit must repay the funds with interest and pick up attorney’s and auditing fees. Background This action is brought under Sections 502 and 515 of the ...

Tagged with: Judge William E. Anderson Labor U.S. District Court - Eastern District

Plaintiff’s termination shortly after taking FMLA leave plausibly pleaded a claim for FMLA retaliation. Background Snipes began working for the jail authority in 2005. Snipes supervised several other employees, received employee evaluations demonstrating that he was a commendable employee and ...

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

Where a company sponsored the plaintiff’s visa, paid his salary and claimed him on federal and state employment forms, it can be deemed a joint employer for the purposes of the man’s plaintiff’s Americans with Disabilities Act and Family and ...

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

Where a plaintiff  failed to exhaust his administrative remedies, to timely file his complaint and to properly plead claims, his complaint is dismissed. Background Plaintiff is a 46-year old African-American man who suffers from osteoporosis in his hips and sleep apnea. ...

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

A former employee of a county sanitation department failed to sufficiently allege that he engaged in protected activity as defined in the Virginia Fraud Against Taxpayers Act. Background On June 1, 2006, Frederick County Sanitation Authority hired Bryan Atchariyakornchai to ...

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

Because plaintiff was not required in an administrative process, and plausibly alleged he was a qualified individual with a disability, the court denied the employer’s motion to dismiss the ADA complaint. Background Defendant, Norfolk Southern Railway Co. employs Robert Brunelle ...

Tagged with: Employment Discrimination Judge Rebecca Beach Smith U.S. District Court - Eastern District