Most of Virginia entered Phase 2 of the governor’s plan to reopen the commonwealth on June 5. Though many essential workers have already been upholding grocery stores, banks and hospitals, a whole slew of Virginia’s workforce is getting ready to ...

Tagged with: Coronavirus Employment Health Wellness Blog

Where a salesperson alleged IBM defrauded him by “capping” his sales commissions despite allegedly representing they would not be capped, his claims for fraud, unjust enrichment or quantum meruit were not foreclosed by disclaimer language in which IBM reserved its ...

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

The Merit Systems Protection Board, or MSPB, and the Equal Employment Opportunity Commission did not err in upholding the dismissal of plaintiff from the Patent and Trademark Office. The plaintiff failed to exhaust his administrative remedies or did not engage ...

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

Where the question of whether the Old Dominion Club of Richmond made enough money to subject it to liability under the Fair Labor Standards Act could not be decided at this stage, an exotic dancer’s suit alleging she was not ...

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

Virginia began reopening nonessential businesses in most parts of the state May 15, with Richmond, Northern Virginia and Accomack County excluded for at least two weeks. Though employers are preparing to rehire fired or furloughed workers, the nearly 400,000 Virginians ...

Tagged with: Coronavirus Employment Gov. Ralph Northam

A viable hostile work environment claim based on a co-worker’s conduct requires facts showing the employer knew, or should have known, about the harassment and failed to take action to stop it. Here, because the complaint alleged Best Buy successfully ...

Tagged with: 4th U.S. Circuit Court of Appeals Employment Employment Discrimination Judge A. Marvin Quattlebaum Jr.

A 29-count suit filed by a disgruntled doctoral candidate at Liberty University was dismissed because there was no indication the plaintiff’s gender played any role, university policies and handbooks did not create a contractual relationship, the university did not owe ...

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

Where a former waiters’ assistant, busboy and janitor established that an Arlington restaurant did not pay him overtime, the waiter was awarded overtime wages and an equal amount in  liquidated damages for a total of $5,724. The restaurant was also ...

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

Where a plaintiff waited eight months after the deadline to respond to his employer’s summary judgment motion by trying to amend his complaint and there was no good cause for the delay, his motion was properly denied. The employer prevailed ...

Tagged with: 4th U.S. Circuit Court of Appeals Employment Employment Discrimination Employment Law

The plaintiff, an African American immigrant from Togo, successfully alleges that although he had “the most seniority” and was “the most qualified,” the Virginia Department of Agriculture and Consumer Services, or VDACS, promoted a white woman to a supervisor position. ...

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