Neither the Fair Labor Standards Act nor the Age Discrimination in Employment Act prohibit an employee from waiving a class or collective action in an otherwise valid contractual agreement. Background Nannette Hutchens asserts that Capital One failed to comply with ...

Tagged with: Employment Judge M. Hannah Lauck U.S. District Court - Eastern District

Where a former senior vice president of mobile solutions knew the company’s  compensation committee rejected the agreed-upon vesting criteria for his stock options in July 2013, but didn’t file suit until November 2016, his breach of contract and good faith/fair ...

Tagged with: 4th U.S. Circuit Court of Appeals Employment

A Dominion Energy maintenance supervisor terminated after violating safety procedures and falsely recording his working time failed to show his termination was because of his alleged whistleblowing. Background In 2002, Walter Madison began working at Dominion’s North Anna Power Station. ...

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

A company’s bid to avoid overtime liability by claiming an event sales manager was a highly compensated employee failed because her job functions, which included seeking new customers, responding to questions from operations team and serving as the primary point ...

Tagged with: Employment Judge Liam O'Grady U.S. District Court - Eastern District

Virginia employment lawyers are bracing for sweeping changes to their practice beginning July 1 as a wave of worker protection legislation takes effect. Lawyers for employees sound gleeful as they describe extensive changes that benefit workers in disputes with management. ...

Tagged with: Employment

Most of Virginia entered Phase 2 of the governor’s plan to reopen the commonwealth on June 5. Though many essential workers have already been upholding grocery stores, banks and hospitals, a whole slew of Virginia’s workforce is getting ready to ...

Tagged with: Coronavirus Employment Health Wellness Blog

Where a salesperson alleged IBM defrauded him by “capping” his sales commissions despite allegedly representing they would not be capped, his claims for fraud, unjust enrichment or quantum meruit were not foreclosed by disclaimer language in which IBM reserved its ...

Tagged with: 4th U.S. Circuit Court of Appeals Employment Judge Roger L. Gregory

The Merit Systems Protection Board, or MSPB, and the Equal Employment Opportunity Commission did not err in upholding the dismissal of plaintiff from the Patent and Trademark Office. The plaintiff failed to exhaust his administrative remedies or did not engage ...

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

Where the question of whether the Old Dominion Club of Richmond made enough money to subject it to liability under the Fair Labor Standards Act could not be decided at this stage, an exotic dancer’s suit alleging she was not ...

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

Virginia began reopening nonessential businesses in most parts of the state May 15, with Richmond, Northern Virginia and Accomack County excluded for at least two weeks. Though employers are preparing to rehire fired or furloughed workers, the nearly 400,000 Virginians ...

Tagged with: Coronavirus Employment Gov. Ralph Northam