Where a woman alleged that she was underpaid for non-overtime hours during weeks in which she also worked overtime, the district court erred in granting her employer judgment on the pleadings. In accordance with the Department of Labor’s interpretation of ...

Tagged with: 4th U.S. Circuit Court of Appeals Employment Judge James A. Wynn Jr.

Where a doctor alleged that he was terminated days after he complained about allegedly being pressured to commit fraud regarding hospital admissions, but there were legitimate, non-discriminatory reasons for his termination that he failed to show were pretextual, the employer ...

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

Where the plaintiffs and putative class members were all Energy Services Group hourly employees who were allegedly required to work overtime without being paid, and the denial of overtime pay was part of a uniform pay practice, a conditional class ...

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

Where a company sued for alleged overtime violations is in the Alexandria division, the majority of the relevant witnesses were found in that division and a related suit is pending there, the suit will be transferred to Alexandria. Background The ...

Tagged with: Employment Judge Robert G. Doumar U.S. District Court - Eastern District

Where the owner of a company sold his shares to the employee stock ownership plan, or ESOP, but the ESOP paid an inflated price for the shares, the owner was liable for the price difference. But, because he forgave certain ...

Tagged with: 4th U.S. Circuit Court of Appeals Employment Judge A. Marvin Quattlebaum Jr.

Where employees constructing a nuclear station alleged the owner violated the Worker Adjustment and Retraining Notification, or WARN, Act when it halted construction at the facility, the owner wasn’t liable because it wasn’t the plaintiffs’ employer. Background In 2017, SCANA, ...

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

Where a school principal and the school district’s HR director allegedly accused the plaintiff of embezzlement, her defamation per se claim survived the motion to dismiss. Background Pamela Smith is a former employee of Norfolk Public Schools, or NPS. Plaintiff ...

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

Where the court previously found a Worker Adjustment and Retraining Notification, or WARN Act, violation, and that the plaintiffs were entitled to payment for the workdays included in the 60 calendar days following their terminations without cause, the court adopted ...

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

An employee’s Family and Medical Leave Act interference and retaliation claims have survived his employer’s motion to dismiss. Christian Crawford, a crew chief for a fire and water cleanup and restoration company, alleged his employer refused to allow him to ...

Tagged with: Employment family and medical leave act Judge Thomas T. Cullen U.S. District Court - Western District

A federal judge has ruled against a former executive administrative assistant who alleged age discrimination in her workplace, saying that the plaintiff’s complaint acknowledged her position was eliminated due to advances in technology. As a result, a motion for summary ...

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