Virginia Lawyers Weekly VA Lawyers Weekly

Where a Goodwill driver willfully violated his employer’s known safety rules, he is denied workers’ compensation benefits. Background Appellant was employed by Rappahannock Goodwill. On Oct. 10, 2016, appellant sustained injuries while unloading donated goods from a company truck. Appellant ...

Tagged with: Judge Rossie D. Alston Jr. Virginia Court of Appeals Workers' Compensation

Employees settled Fair Labor Standards Act claims regarding overtime pay after the court required removal of “unreasonable” provisions on confidentiality and liquidated damages. Background On July 14, 2015, plaintiff Wayne Brockman filed his initial complaint against defendants Keystone Newport News ...

Tagged with: Employment Discrimination Judge Raymond A. Jackson U.S. District Court - Eastern District

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

Tagged with: Judge William E. Anderson Labor U.S. District Court - Eastern District

Plaintiff’s termination shortly after taking FMLA leave plausibly pleaded a claim for FMLA retaliation. Background Snipes began working for the jail authority in 2005. Snipes supervised several other employees, received employee evaluations demonstrating that he was a commendable employee and ...

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

Where a company sponsored the plaintiff’s visa, paid his salary and claimed him on federal and state employment forms, it can be deemed a joint employer for the purposes of the man’s plaintiff’s Americans with Disabilities Act and Family and ...

Tagged with: Employment Discrimination Judge Liam O'Grady U.S. District Court - Eastern District

Where a plaintiff  failed to exhaust his administrative remedies, to timely file his complaint and to properly plead claims, his complaint is dismissed. Background Plaintiff is a 46-year old African-American man who suffers from osteoporosis in his hips and sleep apnea. ...

Tagged with: Employment Discrimination Judge Claude M. Hilton U.S. District Court - Eastern District

A former employee of a county sanitation department failed to sufficiently allege that he engaged in protected activity as defined in the Virginia Fraud Against Taxpayers Act. Background On June 1, 2006, Frederick County Sanitation Authority hired Bryan Atchariyakornchai to ...

Tagged with: Employment Discrimination Judge Elizabeth K. Dillon U.S. District Court - Western District

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 ...

Tagged with: Employment Discrimination Judge Rebecca Beach Smith U.S. District Court - Eastern District

In the absence of guidance from the 4th U.S. Circuit Court of Appeals on the issue, a person who is not actually disabled may maintain certain claims under the Americans with Disabilities Act. Background John Hurd has a medical history ...

Tagged with: Employment Discrimination Judge Elizabeth K. Dillon U.S. District Court - Western District

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 ...

Tagged with: Employment Discrimination Judge Robert S. Ballou U.S. District Court - Western District