An arbitrator did not exceed his jurisdiction in reversing United Airlines’ decision to terminate a pilot accused of retaliation. The arbitrator acknowledged the retaliation standard from United’s policy and the definition applied by the Equal Employment Opportunity Commission, and sufficiently ...

Tagged with: Employment Judge Theresa C. Buchanan U.S. District Court - Eastern District

Although the defendant argued the claims of plaintiffs who are unable to travel to Richmond from Mexico for depositions because of COVID restrictions should be severed, this request was denied. Instead, the defendants can take their depositions via remote means. ...

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

Where the named plaintiff failed to file a written opt-in consent notice before the time for doing so expired, he was not a proper plaintiff and could not lead the collective action. A substitute plaintiff was allowed. Background This is ...

Tagged with: Employment Judge Elizabeth K. Dillon U.S. District Court - Western District

A Chesterfield County special education instructor can go forward with a hostile environment claim, based on alleged sexual harassment by a student. The employee brought the Title VII claim against the Chesterfield County School Board based on alleged groping by ...

Tagged with: Employment Sexual harassment Title VII

Where a transgender plaintiff alleged that one DMV employee specifically adopted a dress code policy that was directed at her, and that a second employee forced her to resign shortly after she “begin presenting” as a female, those allegations  were ...

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

Breach of contract claims brought by a teacher who alleges he was improperly terminated after he refused to refer to a transgender male student by male pronouns do not arise under federal law, even though federal law could inform the ...

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

A defaulting employer has been ordered to pay overtime wages, an equal amount for liquidated damages and attorneys’ fees and costs. That same defendant remains liable for a prior award of fees resulting from a successful sanctions motion. Background This ...

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

Where an employer never responded to the employee’s claims for unpaid overtime wages and liquidated damages, the employee was awarded $3,920 in overtime wages, an equal amount as liquidated damages and $8,329.75 in attorneys’ fees and costs. Background Plaintiff filed ...

Tagged with: Employment Judge Theresa C. Buchanan U.S. District Court - Eastern District

Where a compressor manufacturer warned its employees on July 31 that their employment was expected to end by Aug. 31, but four employees were able to work until Oct. 19, they were not entitled to damages under the Worker Adjustment ...

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

The Fairfax County executive properly determined that firefighter captains are not entitled to invoke grievance procedures to challenge changes to county policies governing promotions and filling vacancies in the Fire and Rescue Department. Overview In response to the COVID-19 pandemic, ...

Tagged with: Employment Fairfax County Circuit Court Judge Bruce D. White Virginia Circuit Courts