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Employment

May 27, 2025

Employment: DEA prevails on woman’s workplace claims

Where a woman asserted claims for racial and gender discrimination, retaliation and a hostile work environment against her federal government employer, but each of her claims failed as a matter of law, her suit was dismissed.

May 27, 2025

Employment: Notice authorized in FLSA delivery driver overtime suit

Where two delivery drivers made the “modest factual showing” that they were misclassified as independent contractors, the court authorized notice to an identified class of similarly situated persons.

May 27, 2025

Employment: Corporate parent dodges suit by subsidiary’s employees

Although the plaintiffs previously obtained a judgment against their employer for failing to give proper notice of the plant’s closing and for failure to validly eliminate a severance plan, their suit seeking to have the judgment imposed against the parent company was dismissed. Because the parent was never found liable for the violations, this court does not have subject-matter jurisdiction ove[...]

May 27, 2025

Administrative: Settlement reduces VCU’s obligation to injured employee

Where the injured employee obtained a settlement from a third-party tortfeasor that exceeded the amount of the compensation lien, the employer was obligated to pay the employee only for reimbursement for recovery costs (i.e., attorney’s fees and costs for procuring the third-party recovery), rather than continuing disability payments.

May 19, 2025

Employment: Former government employee’s suit is dismissed

Where a former federal employee asserted claims of discrimination, hostile work environment and retaliation, but she failed to plead facts making these claims plausible, her complaint was dismissed.

May 19, 2025

Employment: Class certified in barbershop overtime suit

Where a barber shop employee suing for unpaid overtime moved for conditional collective certification, his motion was granted. There was a single business, managed at two locations by the same managers and employees were subject to largely the same compensation structures and work hours.

May 19, 2025

Employment: Former Walmart employee alleges manager drugged him with ‘gummies’

Where a former Walmart employee alleged his manager gave him THC-containing gummies, his Bowman claim was dismissed. Because the criminal code sections he cited do not create a specific statutory right or corresponding public policy that would support applying an exception to the employment-at-will doctrine, no Bowman claim exists.

May 19, 2025

Employment: Settlement approved in hotel worker’s overtime suit

Where there was a bona fide dispute over whether two hotel workers were entitled to overtime, and the settlement was fair and reasonable in that the plaintiff received 100 percent of unpaid overtime wages and liquidated damages allowed under the Fair Labor Standards Act’s two-year limitations period, the joint motion for settlement was approved.

Document labeled retaliation claim
May 19, 2025

Court allows FCA retaliation claim to move forward

A federal judge has ruled that a former employee can sue the Danville Redevelopment & Housing Authority for retaliation under the federal False Claims Act.

May 12, 2025

Employment: Former university employee’s claims are dismissed

Where a former university employee filed a negligence action based on incidents and experiences related to his prior employment, but each of his claims failed as a matter of law, his suit was dismissed.

May 12, 2025

Employment: Former director sues Danville Housing Authority for retaliation

Where a former director of the Danville Redevelopment & Housing Authority alleged facts making it plausible that she was forced to resign after she investigated and reported what she believed to be evidence of a fraudulent payment, her False Claims Act retaliation claim survived the agency’s motion to dismiss.

Signing noncompete agreement
May 12, 2025

Legislature narrows use of noncompetes

In recent years, federal and state governments have embraced a push toward restricting the use of noncompete agreements by employers, most notably with the ultimately unsuccessful 2024 Federal Trade Commission rule that attempted to ban noncompetes nationwide.

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