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

A federal judge has temporarily barred a Wytheville financial advisor from soliciting clients of his former employer to move their investments to his new company. U.S. District Judge Glen E. Conrad said the advisor’s general denials of the accusations could ...

Tagged with: Employment Judge Glen E. Conrad U.S. District Court - Western District

Allegations that a 401(k) plan sponsor and management committee ignored an imprudent single-stock fund for several years was sufficient to support claims for breaches of the fiduciary duties of prudence and diversification imposed by the Employee Retirement Income Security Act ...

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

A declaratory judgment action over whether a former employee was owed commissions was dismissed because the dispute had already ripened into a claim for breach of contract after the company terminated him and refused to pay him  commissions. As such, ...

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

A jury will decide if the doctor’s employment agreement was legitimately terminated because of his alleged violation of the Health Insurance Portability and Accountability Act, or HIPPA, or if his termination was because of his complaints about patient safety, which ...

Tagged with: Employment Judge Michael F. Urbanski U.S. District Court - Western District

Virginia made history by becoming the first state to adopt coronavirus-related workplace safety mandates on July 15. The rules were adopted in a 9-2 vote by the Virginia Occupational Safety and Health Administration (VOSH) – the state’s version of the ...

Tagged with: Coronavirus Employment Gov. Ralph Northam

A doctor fired from a Danville practice group can go to a jury with his claim that he was terminated in violation of his employment contract on a trumped-up HIPAA claim. The doctor contends his complaints about office practices were ...

Tagged with: Employment Judge Michael F. Urbanski U.S. District Court - Western District