In a teacher’s pay discrimination suit, emails and salary-comparison documents created by the school board’s attorney were privileged, even if created for pre-litigation settlement discussions. Background Plaintiff Debra Colley worked for Defendant Dickenson County public school system from 2007 until ...

Tagged with: Attorneys Civil Procedure Employment Employment Discrimination Evidence Judge James P. Jones U.S. District Court - Western District

An employer who admitted awareness of federal requirements but failed to keep time records was liable to its employees for unpaid overtime and unpaid lunch breaks going back three years, plus liquidated damages and attorney fees. Background Plaintiffs Catherine Riggle ...

Tagged with: Attorneys Fees Employment Judge Claude M. Hilton U.S. District Court - Eastern District Wage & Hour

After approving a settlement of $285,000 for the Plaintiffs’ wage claims, a federal court also awarded about 80 percent of their requested fees, noting that the Defendant fought every issue “to its last breath.” Background This is a Fair Labor ...

Tagged with: Attorneys Fees Civil Practice Employment Judge Henry Coke Morgan Jr. U.S. District Court - Eastern District Wage & Hour

After approving a settlement of $285,000 for the Plaintiffs’ wage claims, a federal court also awarded about 80 percent of their requested fees, noting that the Defendant fought every issue “to its last breath.” Background This is a Fair Labor ...

Tagged with: Attorneys Fees Civil Practice Class Action Employment Judge Henry Coke Morgan Jr. U.S. District Court - Eastern District Wages

An employer enjoined from moving its operations could no longer pursue its appeal after an arbitrator’s final decision. The matter was moot, despite the employer’s intention to seek attorneys’ fees. Background Appellant Airgas Inc. operates a facility in Hyattsville, Maryland, ...

Tagged with: 4th U.S. Circuit Court of Appeals Arbitration Civil Procedure Contract Employment Judge Pamela A. Harris Labor

A federal district judge granted defendants summary judgment after striking the plaintiff’s post-deposition declaration. The court found “egregious” inconsistencies between the declaration and prior deposition testimony. Background Plaintiff Kimberly S. Moore worked as a hospital admissions clerk since 1991. Defendant ...

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

A Virginia circuit court upheld administrative findings that an employee who was fired for yelling profanities at a coworker had committed “misconduct” that disqualified her from receiving unemployment. Background Plaintiff Yolanda A. Bellamy was employed as an environmental service worker ...

Tagged with: Employment Judge David W. Lannetti Norfolk Circuit Court Virginia Circuit Courts

Plaintiff Kelly Antekeier began working as a Key Account Executive at Defendant Laboratory Corp. of America in 2010. She was promoted to the position of Senior Marketing Executive in 2013. Her duties included seeking out new clients as well as ...

Tagged with: Employment Judge T.S. Ellis III U.S. District Court - Eastern District

Where a live-in innkeeper’s employment terms were subject to an agreement, her FLSA claims required thorough factfinding by the trial court to determine whether the agreement terms were reasonable, the court of appeals held. Defendant Eden Park Guest House hired ...

Tagged with: 4th U.S. Circuit Court of Appeals Employment Judge Diana Gribbon Motz

In awarding attorneys’ fees, the district court failed to exclude time spent for plaintiffs whose claims were time-barred; it also incorrectly determined the percentage of sought damages actually won. Plaintiff Gregory Randolph brought suit against his former employer, Defendant PowerComm ...

Tagged with: 4th U.S. Circuit Court of Appeals Employment Per Curiam Opinion Unpublished Opinion