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Employment Law

After state nonsuit, plaintiff states federal wage claim (access required)

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 ...

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WDVA: Despite firing harasser, employer could be liable (access required)

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 ...

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WDVA: Complaint served 227 days post-filing can proceed (access required)

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 ...

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WDVA: Jury should decide all three of worker’s FMLA claims (access required)

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 ...

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WDVA: Servers state wage claim for “side work” time (access required)

Tipped employees at Macado’s stated a claim for unpaid wages related to untipped “side work” they were required to do. Rather than alleging a specific amount of time they spent on side tasks, it was sufficient to allege they spent ...

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EDVA: Spouse-plaintiffs proceed to consolidated discrimination trial (access required)

The plaintiff, a former executive, survives summary judgment on several claims arising from her treatment by the company’s CEO during and after a volatile intimate relationship involving threats and abusive behavior. Her husband’s separate claim for Title VII retaliation can ...

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4th Cir.: Each wrongly fired officer was a distinct insurance claim (access required)

The district court erred in finding that three police officers, fired in retaliation for their joint action, represented a single claim for municipal insurance purposes. Thus, the per-claim policy limit applied to each officer individually, rather than the trio as ...

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4th Cir.: Corporate structure didn’t change plan administrator (access required)

Although some claims analysts were on a different Hartford subsidiary’s payroll, they nevertheless processed the plaintiff’s disability claim on behalf of the entity designated as plan administrator. Accordingly, under ERISA, the administrator’s decision to terminate benefits was subject only to ...

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