Virginia Lawyers Weekly VA Lawyers Weekly

The en banc 4th Circuit adheres to the McKinney rule for counting the 30-day period to remove a suit from state to federal court, which says the first-served defendant should file the notice of removal within 30 days of service, ...

Tagged with: 4th U.S. Circuit Court of Appeals Civil Procedure Judge Clyde H. Hamilton

A former payroll and benefits clerk whose work ethic was “unsurpassed,” according to her employer, is entitled to long-term disability benefits under the employer’s ERISA benefits plan for her inability to work due to disabling fibromyalgia, rheumatoid arthritis and osteoarthritis; ...

Tagged with: 4th U.S. Circuit Court of Appeals Employment Judge William B. Traxler Jr.

In this FLSA overtime-pay case filed by employees of a mortgage loan company, correspondence from employer’s defense attorney to plaintiffs’ counsel, offering to settle the individual plaintiffs’ claims in full, did not moot the plaintiffs’ claims for overtime pay, and ...

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

An Alexandria U.S. District Court declines to apply the Twombly/Iqbal standard to pleadings that raise affirmative defenses in this suit for overtime pay under the Fair Labor Standards Act. Defendant, a producer of prepared foods sold at grocery stores, allegedly ...

Tagged with: Civil Procedure Judge James C. Cacheris U.S. District Court - Eastern District

An employer that produces prepared foods for sale in grocery stores has offered no evidence of any employment records for plaintiff, who is seeking overtime pay under the Fair Labor Standards Act, and the Alexandria U.S. District Court denies summary ...

Tagged with: Judge James C. Cacheris Labor U.S. District Court - Eastern District

A Norfolk U.S. District Court denies a joint motion to seal a company’s settlement with 11 Dollar General Store employee who claimed overtime pay under the Fair Labor Standards Act, despite the company’s claim that disclosure could lead the hundreds ...

Tagged with: Judge Henry Coke Morgan Jr. Labor U.S. District Court - Eastern District

Former employees who worked as gaming officials at a West Virginia gaming establishment are not entitled to a recalculation of their overtime pay award, as the 4th Circuit upholds the calculation used by the district court to give them 150 ...

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

A restaurant employee who dislocated his shoulder when he raised his arm to ward off ice thrown by co-workers gets another chance for comp benefits, as the Supreme Court of Virginia says it did not “scuttle” the horseplay rule in ...

Tagged with: Justice S. Bernard Goodwyn Supreme Court of Virginia Workers' Compensation

A 73-year-old bus driver says he was terminated because of age discrimination, but the employer said he was fired after he tested positive for marijuana; a Richmond U.S. District Court dismisses his hybrid LMRA claim with prejudice for untimely service, ...

Tagged with: Employment Discrimination Judge James R. Spencer U.S. District Court - Eastern District

An account executive for a government contractor software company who says his bipolar disorder affects his thought process and sleep cycle cannot sue under the Americans with Disabilities Act because he has not shown the alleged impairment substantially limits him ...

Tagged with: Employment Discrimination Judge James C. Cacheris U.S. District Court - Eastern District