Where the question whether the reasonable relationship test applies to highly compensated employees, or HCEs, is pending before the U.S. Supreme Court, a collective action alleging employees were paid less than the requisite time and a half for hours worked ...

Tagged with: Employment Judge Robert E. Payne U.S. District Court - Eastern District

A lawyer’s claim that he was terminated by his municipal employer in retaliation for testifying about the mayor’s alleged corruption and abuse of power can go forward. Judge James P. Jones of the Western District of Virginia rejected the town’s ...

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

Where a former Town of Pound attorney alleged that he was terminated less than one week after he provided deposition testimony about alleged corruption and abuse of power by the mayor, and his interest in speaking on the issue outweighed ...

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

Where a woman who works and resides in Massachusetts agreed to a Virginia choice-of-venue clause in her employment agreement, the clause was enforceable when the company sued her alleging she wrongfully competed with it after she resigned. Background Susan LePage, ...

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

Where a grievance panel decided that appellant was entitled to reinstatement and back pay, the circuit court erred by declining to implement the decision after considering additional evidence. The circuit court lacked the authority to consider facts not presented to ...

Tagged with: Employment Justice LeRoy F. Millette Jr. Supreme Court of Virginia

Where the district court issued a stay to allow the defendant to take an interlocutory appeal to the Fourth Circuit, which prevents plaintiffs from sending notices to putative collective members and limits their ability to opt in, the extraordinary circumstances ...

Tagged with: Employment Judge David J. Novak U.S. District Court - Eastern District

Where call center workers submitted declarations to support their claims that a company-wide policy required them to work before the start of their shifts, through unpaid meal breaks and after their shifts ended, their motion for conditional certification was granted. ...

Tagged with: Employment Judge David J. Novak U.S. District Court - Eastern District

Where neither the Fourth Circuit nor the U.S. Supreme Court has prescribed the process for certification of FLSA collective actions, and the defendant urged the court to follow a Fifth Circuit decision outlining an approach different from the one typically ...

Tagged with: Employment Judge David J. Novak U.S. District Court - Eastern District

Where plaintiffs alleged their employer underpaid hourly employees by rounding time entries, and offered affidavits showing they worked the same or similar hours, performed the same or similar duties and operated the same or similar equipment as all putative subclass ...

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

Where the court previously allowed plaintiffs asserting claims for unpaid overtime to send notices to potential class members via U.S. Mail, but the response rate has been significantly below typical opt-in rates, the plaintiffs can now send reminder notices by ...

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