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Tag Archives: Employment

‘Safe harbor’ defense rejected in imprudent investment suit (access required)

Where an employee alleged her employer breached its fiduciary duty under ERISA by maintaining an allegedly imprudent investment option in its retirement plan, ERISA’s safe harbor did not apply to her decision to remain invested in that fund. The safe ...

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Court won’t reconsider trade secret judgment (access required)

Where the court previously ruled that the employment agreement between an assistant professor and Eastern Virginia Medical School, or EVMS, precluded the professor from asserting a claim for misappropriation of the trade secret against EVMS, the professor’s motion for reconsideration ...

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No treble damages under Overtime Wage Act (access required)

A demand for treble damages under the Virginia Overtime Wage Act was rejected after a federal judge found that recent amendments applied retroactively. Judge Raymond A. Jackson of the Eastern District of Virginia limited the claimant’s relief to damages available ...

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Collective action approved in medical management OT suit (access required)

Where a medical management nurse showed that that she was similarly situated to other medical management nurses working at the defendant’s location, at a similar employment level and whose primary job duty was conducting medical necessity reviews, a collective action ...

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Multiple claims by former civilian employee dismissed (access required)

Where a man challenged various employment actions taken against him while he served as a civilian employee for the federal government, his multicount complaint was dismissed because the court lacked jurisdiction over some of the claims and the remaining claims ...

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Change to Overtime Wage Act applied retroactively (access required)

Where the Virginia General Assembly amended the Virginia Overtime Wage Act on July 1, 2022, to eliminate the availability of treble damages, that change was procedural and thus applies retroactively. Background On April 29, 2022, Gwendolyn Meharg sued Harmony on ...

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Employment discrimination claim survives demurrer (access required)

Where an auditor presented evidence to a county school board of alleged wrongdoing by “senior leadership,” her claim against the board under the Virginia Fraud Against Taxpayers Act goes forward. The board’s demurrer is overruled. Plaintiff “sufficiently alleges facts sufficient ...

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