Virginia Lawyers Weekly VA Lawyers Weekly

An employee’s claims of intentional infliction of emotional distress, negligent infliction of emotional distress and negligent hiring and retention arising out of injuries allegedly suffered when he was assaulted by a co-worker, were precluded by the Virginia Workers’ Compensation Act ...

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

Where employees were required to wear steel-toed shoes for valid safety reasons, an employee could not point to her history of performing her job without steel-toed shoes as a basis for avoiding the requirement. Because she cannot comply with the ...

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

A former CFO who disputed his termination could not complain that he was denied an opportunity to depose a witness who allegedly “sandbagged” him at summary judgment where the record showed the witness responded to arguments in the CFO’s brief, ...

Tagged with: 4th U.S. Circuit Court of Appeals Employment Discrimination Judge Stephanie A. Gallagher

Where fire battalion chiefs argued they were covered by a “first responder regulation,” which required they be paid overtime, because their primary duty was management and not front line firefighting, the first responder regulation was inapplicable. A review of their ...

Tagged with: 4th U.S. Circuit Court of Appeals Employment Judge J. Harvie Wilkinson III

Where a doctor alleges he was subjected to bias and discriminatory comments after he openly referenced and introduced co-workers to his husband, and was then terminated, he plausibly stated a claim for sexual orientation discrimination.  Background This employment action arises ...

Tagged with: Employment Discrimination Judge M. Hannah Lauck U.S. District Court - Eastern District

Where an employee’s supervisor allegedly touched his shoulder and bicep, placed her hand on the small of his back, briefly rubbed his earlobe and made a few positive remarks about his appearance, these actions did not amount to the level ...

Tagged with: Employment Discrimination Judge Leonie Brinkema U.S. District Court - Eastern District

Where the insurance carrier appointed an attorney to defend its insured against personal injury claims, but then issued a reservation of rights letter, there was no conflict because the insured and carrier had a common interest in proving the plaintiff ...

Tagged with: 4th U.S. Circuit Court of Appeals Insurance Judge A. Marvin Quattlebaum Jr.

Where restaurant employees claimed that tips and automatic gratuities could not be considered in determining whether their employer met its obligations under the Fair Labor Standards Act, or FLSA, it was error to apply a statutory exemption—29 U.S.C. § 207(i)—to ...

Tagged with: 4th U.S. Circuit Court of Appeals Employment Judge A. Marvin Quattlebaum Jr.

Where an employee was terminated for refusing to tell his employer the results of a COVID-19 test after he had been exposed to his mother who tested positive, his lawsuit against based on the Health Insurance Portability and Accountability Act ...

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

Where a longtime bank employee was terminated and marched out the front door in view of employees and customers, she may have suffered distress, but the termination did not rise to the level of “the most execrable conduct” required to ...

Tagged with: Employment Discrimination Judge Glen E. Conrad U.S. District Court - Western District