Virginia Lawyers Weekly VA Lawyers Weekly

Where a salaried employee was paid at a rate of $33,000 per year, she was not entitled to overtime pay under the Fair Labor Standards Act because her primary duties were directly related to management or general business operations. Background ...

Tagged with: Employment Judge Ivan D. Davis U.S. District Court - Eastern District

Although the plaintiff’s claim did not expressly allege discrimination on the basis of color,  the administrative investigation revealed allegations of color discrimination that were reasonably related to the original race discrimination charge. Background Nikki A. Gardner began working as a ...

Tagged with: Employment Discrimination Judge John A. Gibney Jr. U.S. District Court - Eastern District

A university student demonstrated a likelihood that his due process rights would be violated if a hearing went forward, as he had a colorable argument the university lacked jurisdiction to discipline him for an alleged off-campus incident involving a non-student ...

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

Where servers and bartenders at a restaurant were routinely required to spend significant portions of their time as tipped employees performing both related and unrelated non-tip-producing tasks, they could sue their employer for violations of the Fair Labor Standards Act ...

Tagged with: Employment Judge Norman K. Moon U.S. District Court - Western District

A firefighter did not need to specify the essential functions of his job with the Chesterfield Fire and Emergency Medical Services to sue the county for violating the Americans with Disabilities Act by arbitrarily discontinuing an accommodation made for his ...

Tagged with: Employment Discrimination Judge John A. Gibney Jr. U.S. District Court - Eastern District

Where an employee was terminated because she could not wear required safety footwear due to a physical condition, General Dynamics had legitimate business reasons for enforcing its policy of requiring its workers to wear safety shoes. Background Plaintiff Shelia Holmes ...

Tagged with: Employment Discrimination Judge James P. Jones U.S. District Court - Western District

An employer that is a party to a collective bargaining agreement, and a separate company found to be its alter ago, are liable for unpaid contributions to benefit plans and other damages, including interest, liquidated damages, and attorney’s fees. Background ...

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

The Virginia Employment Commission erred by denying plaintiff’s claim for unemployment benefits because the record does not support its finding that he voluntarily left his employment without good cause. ‘Good cause’ An employee who voluntarily leaves his or her job ...

Tagged with: Judge C. Randall Lowe Unemployment Virginia Circuit Courts Washington County Circuit Court

Three female servers at a restaurant, who alleged that they complained to the owner of the restaurant about repeated sexual harassment by one of their managers and were ultimately forced to resign as a result of the harassment, were entitled ...

Tagged with: Employment Discrimination Judge John A. Gibney Jr. U.S. District Court - Eastern District

A school superintendent who allegedly insinuated the former Chief Technology and Information Officer, or CTIO, engaged in dishonest conduct will face claims for defamation and denial of due process for failing to provide the employee a hearing before the information ...

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