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Employment Law

Truck operator stated ADA claim (access required)

Because plaintiff was not required in an administrative process, and plausibly alleged he was a qualified individual with a disability, the court denied the employer’s motion to dismiss the ADA complaint. Background Defendant, Norfolk Southern Railway Co. employs Robert Brunelle ...

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Dicta on sexual orientation discrimination is suspect (access required)

Dicta from the Fourth Circuit that Title VII doesn’t cover discrimination based on sexual orientation is questionable, but the plaintiff failed to plead sufficient facts to state claims against Virginia Tech. Background Brian Jones, who is openly gay, began working ...

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Court dismisses discrimination and retaliation claims asserted by doctor (access required)

A medical doctor alleges his employer discriminated and retaliated against him. The court held the complaint alleged only discrimination on the basis of immigration status, which is not a protected class. It further held the complaint did not plausibly allege ...

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Default judgment entered against employer for unpaid pension contributions (access required)

An employer who failed to make pension contributions or to respond to pension funds’ lawsuit was ordered to repay the funds with interest and pick up attorney and auditing fees. Background This action is brought under Sections 502 and 515 ...

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Plaintiff awarded unpaid overtime under FSLA (access required)

After a home health care worker established that her employer failed to compensate her for overtime, the Eastern District of Virginia court found her entitled to unpaid overtime, liquidated damages and attorney’s fees under FLSA. Background Plaintiff sued Kare Management ...

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Former school supervisor’s can sue for equal pay (access required)

Former school supervisor established a prima facie case of equal pay discrimination, when compared to her predecessor and successor, requiring jury to assess the School Board’s reasons for pay disparity. Background Debra Colley was employed by the Dickenson County School ...

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