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Employment Law

Claimant’s burden to prove shoulder impairment (access required)

Claimant had the burden to prove that the Virginia Workers’ Compensation Commission erred by accepting a permanent partial disability rating and a functional capacity evaluation endorsed by her treating physician to award her a 2 percent permanent disability. Claimant did ...

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Bias case against school board goes forward (access required)

Where an employee sufficiently alleged she was underpaid because of her age and that her compensation for teaching certain classes was reduced after she complained to the Equal Employment Opportunity Commission, the school board’s motion to dismiss discrimination and retaliation ...

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Prevailing plaintiff awarded almost $1 million in fees, costs (access required)

Where a former employee of the Virginia Department of Motor Vehicles sought over $1.8 million in fees and costs, the magistrate judge reduced the amount to approximately $938,000. The parties then reached a settlement on the amount of fees, costs ...

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Class certified for Fair Labor Standards Act suit against restaurant (access required)

Where current and former employees suing Macado’s restaurants satisfied their relatively relaxed burden to show the putative class is “similarly situated,” the class was conditionally certified and notice must be provided to the putative class members. Background Plaintiffs, who are ...

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No federal question jurisdiction over Virginia servicemember’s claim (access required)

Where a servicemember’s claim was brought under Virginia’s codification of the Servicemembers Civil Relief Act, or SCRA, resolution of that claim did not involve federal law as to provide federal question jurisdiction. Background This is a civil action alleging a ...

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Employer did not prove misconduct (access required)

The court reverses the Virginia Employment Commission’s finding that an unemployment benefits claimant who slept on the job committed misconduct that disqualified him from benefits. The commission concluded that the sleeping incident was “clearly inappropriate and a violation of company ...

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Company not liable for sexual assault of plaintiff (access required)

Although a woman’s co-worker was found liable for sexually assaulting her during her shifts at Radford Arsenal, the evidence was insufficient to hold their employer liable for the co-worker’s  conduct. Background Carla A. Clehm is an employee of defendant BAE ...

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