Quantcast
Home / Opinion Digests / Employment Law (page 2)

Employment Law

Workers’ comp act preempts claims arising from assault (access required)

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 ...

Read More »

Fire battalion chiefs not entitled to overtime (access required)

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 ...

Read More »

Doctor’s gay bias claim can proceed (access required)

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 ...

Read More »

‘Intersexual flirtation’ doesn’t make environment hostile (access required)

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 ...

Read More »

Reservation of rights letter did not create conflict (access required)

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 ...

Read More »

FLSA exemption incorrectly applied in restaurant wage dispute (access required)

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 ...

Read More »

Termination was not ‘atrocious and utterly intolerable’ (access required)

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 ...

Read More »