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Employment Law

Jun 24, 2022

Attorney’s First Amendment retaliation claim survives

Where a former Town of Pound attorney alleged that he was terminated less than one week after he provided deposition testimony about alleged corruption and abuse of power by the mayor, and his interest in speaking on the issue outweighed the town’s interest in providing efficient services, his First Amendment retaliation claim survived the town’s […]

Jun 23, 2022

Alexandria Fire Department prevails on race bias claim

Where a firefighter with the Alexandria Fire Department alleged he was passed over for a one-year paramedic internship because of his race, but the evidence showed the placement of interns was nondiscriminatory, judgment was awarded to the fire department. Background Micheall Lyons alleges that his employer, the Alexandria Fire Department, intentionally discriminated against him because […]

Jun 16, 2022

School bus driver fails to show race discrimination

Where the uncontradicted evidence showed the bus driver was not meeting her employer’s legitimate expectations at the time of termination; she could not point to a similar-situated comparator who was treated differently and she could not show the school board’s reasons for termination were pretext for discrimination, the school board was granted summary judgment. Background […]

Jun 3, 2022

Franchisor’s parent was not plaintiffs’ employer

Where plaintiffs sued Wyndham Hotels & Resorts for violating the Fair Labor Standards Act and Title VII of the Civil Rights Act, but Wyndham showed it was never the plaintiffs’ employer, and was only the corporate parent of the franchisor, it was granted summary judgment on the employment claims. Background This case arises out of […]

May 26, 2022

Officer sues police department for bias

Where a Richmond police officer alleged that he was not promoted because of his race, national origin and age, and that a sergeant retaliated against him after he complained, his discrimination and retaliation claims survived the department’s motion to dismiss. Background Naitraj David alleges that the City of Richmond Police Department or RPD, discriminated against […]

May 26, 2022

Out-of-state resident subject to VA choice-of-venue clause

Where a woman who works and resides in Massachusetts agreed to a Virginia choice-of-venue clause in her employment agreement, the clause was enforceable when the company sued her alleging she wrongfully competed with it after she resigned. Background Susan LePage, a former employee of The Hilb Group of New England LLC or THO-NE, who has […]

May 26, 2022

School principal offers evidence of FMLA retaliation

Where a former high school principal offered an affidavit from a school board member saying he was told she was demoted because she took leave under the Family Medical Leave Act, or FMLA, the school board’s summary judgment motion on a retaliation claim was denied. Background Lila Jean Jenkins, a former public high school principal, […]

May 26, 2022

Suit dismissed over administrative technicality

Where a former Town of Abingdon employee exhausted her administrative remedies, but her complaint failed to allege that she had done so, and the court could not rely upon the extrinsic evidence showing exhaustion, the suit was dismissed with leave to replead. Background In this employment discrimination case, Stacey Lynn Reichler asserts claims against her […]

May 26, 2022

Reinstatement and back pay ordered

Where a grievance panel decided that appellant was entitled to reinstatement and back pay, the circuit court erred by declining to implement the decision after considering additional evidence. The circuit court lacked the authority to consider facts not presented to the panel. Code § 15.2-1507(A)(11) limits the court to either implement the panel’s decision or […]

May 19, 2022

Vocational workers are ‘employees’ under NLRA

Where the National Labor Relations Board concluded that the relationship between a vocational services program and disabled janitors was akin to a “typically industrial” relationship, thus making the janitors “employees” under the National Labor Relations Act, and substantial evidence supported that finding, its decision was affirmed. Background Sinai Hospital of Baltimore Inc.’s vocatio[...]

May 19, 2022

FLSA statute of limitations tolled

Where the district court issued a stay to allow the defendant to take an interlocutory appeal to the Fourth Circuit, which prevents plaintiffs from sending notices to putative collective members and limits their ability to opt in, the extraordinary circumstances beyond the plaintiffs’ control justified equitable tolling of the statute of limitations. Background Plaintiffs bring […]

May 19, 2022

Class conditionally certified in FLSA overtime suit

Where call center workers submitted declarations to support their claims that a company-wide policy required them to work before the start of their shifts, through unpaid meal breaks and after their shifts ended, their motion for conditional certification was granted. Background Plaintiffs bring this action individually and on behalf of all other similarly situated individuals […]

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