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Tag Archives: Employment

Defaulting employer liable for overtime wages and fees (access required)

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 ...

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Firefighter promotion policy changes cannot be grieved (access required)

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, ...

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Allowing single-stock fund in 401(k) plan might violate ERISA (access required)

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 ...

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Declaratory judgment dismissed where breach already occurred (access required)

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, ...

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Jury to decide if doctor was terminated due to patient safety complaints (access required)

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 ...

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