A demand for treble damages under the Virginia Overtime Wage Act was rejected after a federal judge found that recent amendments applied retroactively. Judge Raymond A. Jackson of the Eastern District of Virginia limited the claimant’s relief to damages available ...

Tagged with: Employment Judge Raymond A. Jackson Overtime Wage Act U.S. District Court - Eastern District

Where a medical management nurse showed that that she was similarly situated to other medical management nurses working at the defendant’s location, at a similar employment level and whose primary job duty was conducting medical necessity reviews, a collective action ...

Tagged with: Employment Judge Henry E. Hudson U.S. District Court - Eastern District

Where a man challenged various employment actions taken against him while he served as a civilian employee for the federal government, his multicount complaint was dismissed because the court lacked jurisdiction over some of the claims and the remaining claims ...

Tagged with: Employment Judge Leonie M. Brinkema U.S. District Court - Eastern District

Where the Virginia General Assembly amended the Virginia Overtime Wage Act on July 1, 2022, to eliminate the availability of treble damages, that change was procedural and thus applies retroactively. Background On April 29, 2022, Gwendolyn Meharg sued Harmony on ...

Tagged with: Employment Judge Raymond A. Jackson U.S. District Court - Eastern District

Where an auditor presented evidence to a county school board of alleged wrongdoing by “senior leadership,” her claim against the board under the Virginia Fraud Against Taxpayers Act goes forward. The board’s demurrer is overruled. Plaintiff “sufficiently alleges facts sufficient ...

Tagged with: Employment Fairfax County Circuit Court Judge Richard E. Gardiner Virginia Circuit Courts

Where a company argued it was entitled to $396,832.59 in damages, instead of the $59,000 it was awarded after a jury found a former employee breached his duty of loyalty, the company’s arguments were rejected. There was no evidence the ...

Tagged with: Employment Judge Roderick C. Young U.S. District Court - Eastern District

The definition of “employer” applicable to actions under Code § 40.1-29(J) for unpaid wages is narrower than the definition in the Virginia Minimum Wage Act, or VMWA, and the Fair Labor Standards Act, the Supreme Court of Virginia has held.  ...

Tagged with: Employment Justice S. Bernard Goodwyn Supreme Court of Virginia

Where employees sued for unpaid wages, two members of a newly formed board of directors who resigned before wages were withheld do not have joint employer liability for the unpaid wages. Overview Plaintiffs (clinicians) are licensed therapists who worked for ...

Tagged with: Employment Justice S. Bernard Goodwyn Supreme Court of Virginia

Where loan processors and loan officers moved for conditional certification of their collective action alleging they were denied overtime, but their own allegations showed that all potential class members were not similarly situated and their claims turned on their individual ...

Tagged with: Employment Judge Rossie D. Alston Jr. U.S. District Court - Eastern District

The Eastern District of Virginia has dismissed all claims filed by a sales executive who wasn’t paid commissions after she took unauthorized paid time-off because of a dispute with her employer about their commission structure and management. The plaintiff claimed ...

Tagged with: Employment Judge Anthony J. Trenga U.S. District Court - Eastern District