Where defendants sued for allegedly not paying overtime argued the plaintiffs’ Fair Labor Standards Act claims were mooted by the defendants’ tendering of the disputed funds to the Department of Labor, this argument was rejected. Waiver requires an agreement to ...

Tagged with: Employment Judge Henry E. Hudson U.S. District Court - Eastern District

The Western District of Virginia conditionally certified a class of bartenders and barbacks who claimed a rock festival violated the Fair Labor Standards Act, or FLSA, and Virginia laws in 2021 and 2022. The defendants argued that class certification wasn’t ...

Tagged with: Employment Fair Labor Standards Act Judge Norman K. Moon U.S. District Court - Western District

Where an Amtrak employee alleged that she was subjected to discrimination made unlawful under Title VII, but her claims necessitated the “interpretation or application” of a collective bargaining agreement, they were subject to arbitration under the Railway Labor Act. Background ...

Tagged with: 4th U.S. Circuit Court of Appeals Employment Judge J. Harvie Wilkinson III

Where a man alleging that he suffered adverse employment actions and retaliatory treatment as the result of his views and opinions regarding the safety of the COVID-19 vaccine moved to file an amended complaint, and it was not clear that ...

Tagged with: Employment Judge Lindsey Robinson Vaala U.S. District Court - Eastern District

Where a Lynchburg fireman alleged that city officials investigated and disciplined him because of his speech on a political issue, he plausibly alleged a First Amendment retaliation claim. Background Martin Misjuns contends that he was subjected to a pattern of ...

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

Where bartenders and barbacks who worked at a music festival in 2021 and 2022 raised similar issues regarding whether they were paid minimum wage, overtime and tips required by federal and Virginia law, a class was conditionally certified. Background Plaintiffs ...

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

Where a company sued its former employees for violating a non-solicitation promise, and sued their new company for tortious interference, the United States was permitted to intervene in the suit to invoke the “state secrets” privilege because the companies performed ...

Tagged with: Employment Judge Michael S. Nachmanoff U.S. District Court - Eastern District

Where a former professor at James Madison University, or JMU, who resigned after he was accused of sexual harassment by a female student, sued JMU and university officials, but his complaint failed to plead plausible Title IX, federal due process ...

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

Where maintenance and landscaping employees alleged their employer ordered a “plant closing or mass layoff” as defined by the Worker Adjustment and Retraining Notification, or WARN, Act, but they failed to plead facts showing that the harm occurred at a ...

Tagged with: Employment Judge Roderick C. Young U.S. District Court - Eastern District

An employee’s claim has survived demurrer after the trial judge held that Virginia’s wage claim statute would apply retroactively where the employee claimed he was owed wages from both before and after the statute was amended in 2020. Judge Kevin ...

Tagged with: Employment Judge Kevin M. Duffan Virginia Circuit Courts