Tipped employees at Macado’s stated a claim for unpaid wages related to untipped “side work” they were required to do. Rather than alleging a specific amount of time they spent on side tasks, it was sufficient to allege they spent ...

Tagged with: Administrative Employment Judge Norman K. Moon U.S. District Court - Western District Wage & Hour

The plaintiff, a former executive, survives summary judgment on several claims arising from her treatment by the company’s CEO during and after a volatile intimate relationship involving threats and abusive behavior. Her husband’s separate claim for Title VII retaliation can ...

Tagged with: Employment Employment Discrimination Judge T.S. Ellis III Personal Injury Tort U.S. District Court - Eastern District

The district court erred in finding that three police officers, fired in retaliation for their joint action, represented a single claim for municipal insurance purposes. Thus, the per-claim policy limit applied to each officer individually, rather than the trio as ...

Tagged with: 4th U.S. Circuit Court of Appeals Constitutional Employment Employment Discrimination Insurance Judge James A. Wynn Jr.

Although some claims analysts were on a different Hartford subsidiary’s payroll, they nevertheless processed the plaintiff’s disability claim on behalf of the entity designated as plan administrator. Accordingly, under ERISA, the administrator’s decision to terminate benefits was subject only to ...

Tagged with: 4th U.S. Circuit Court of Appeals Employee Benefits Employment Judge Paul V. Niemeyer

In a multi-plaintiff race discrimination suit against a state agency, the court said an attempt to “streamline” the original complaint did just the opposite, finding that plaintiff-by-plaintiff presentation of allegations was repetitive and too many claims relied on “information and ...

Tagged with: Civil Procedure Civil Rights Employment Employment Discrimination Judge M. Hannah Lauck U.S. District Court - Eastern District

A prosecutor who read racial slurs aloud from potential evidence, which he was evaluating at a pre-trial meeting, did not create a hostile work environment for the black police officers in the room. Even if such conduct could give rise ...

Tagged with: 4th U.S. Circuit Court of Appeals Employment Employment Discrimination Judge Pamela A. Harris Municipal

The “Important Opinions” that appear each week on the front page of Virginia Lawyers Weekly are those chosen by our editors as the most likely to impact law practice or a given subject area of law. Below is a listing, ...

Tagged with: 4th U.S. Circuit Court of Appeals Administrative Banking Bankruptcy Civil Procedure Civil Rights Commercial Constitutional Consumer Protection Contract Corporate Criminal Domestic Relations Employment Evidence Federal Jurisdiction First Amendment Government Immigration Intellectual Property Personal Injury Real Property Search & Seizure Supreme Court of Virginia Traffic U.S. District Court - Eastern District U.S. District Court - Western District Virginia Circuit Courts Virginia Court of Appeals Wills & Trusts

An employee with a felony record was not discharged when his employer announced that employees would be subject to background checks and let go if they were felons. Rather, he voluntarily terminated his own employment in anticipation of discharge and ...

Tagged with: Employment Judge David W. Lannetti Norfolk Circuit Court Unemployment Comp Virginia Circuit Courts

Fired the day after asking for grievance paperwork, a black employee reasonably believed she was subject to a hostile work environment that was attributable to her employer. The district court erred in granting summary judgment against her. Background In August ...

Tagged with: 4th U.S. Circuit Court of Appeals Civil Rights Employment Employment Discrimination Judge Roger L. Gregory Municipal

Genuine factual disputes remained as to whether a former university contract employee suffered pay discrimination. A male comparator with essentially equal duties received a significantly greater starting salary. Background In the fall of 2012, University of Virginia President Sullivan developed ...

Tagged with: Civil Rights Employment Employment Discrimination Judge Norman K. Moon U.S. District Court - Western District