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 ...

Tagged with: Employment Judge Anthony J. Trenga U.S. District Court - Eastern District

Where the Secretary of Labor moved to prohibit goods made by employees who weren’t paid lawful wages from entering the stream of commerce, but the company had already ceased the offending conduct and needed time to retain counsel, the secretary’s ...

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

Where a former employee asserted claims based upon purported underpayment of pension benefits, they were dismissed. The breach of contract claim was preempted by ERISA, and the ERISA claims failed as a matter of law. Background Sylvia Moore was employed ...

Tagged with: Employment Judge Rossie D. Alston Jr. U.S. District Court - Eastern District

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 ...

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

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 ...

Tagged with: Employment Judge Raymond A. Jackson Overtime Wage Act U.S. District Court - Eastern District

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 ...

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

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 ...

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

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 ...

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

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 ...

Tagged with: Employment Fairfax County Circuit Court Judge Richard E. Gardiner Virginia Circuit Courts

Where a company argued it was entitled to $396,832.59 in damages, instead of the $59,000 it was awarded after a jury found a former employee breached his duty of loyalty, the company’s arguments were rejected. There was no evidence the ...

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