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Employment

Aug 12, 2019

Tipped employees could sue employer for minimum wage violations

Where servers and bartenders at a restaurant were routinely required to spend significant portions of their time as tipped employees performing both related and unrelated non-tip-producing tasks, they could sue their employer for violations of the Fair Labor Standards Act despite new guidance from the Department of Labor that purports to remove the limits on […]

Jul 15, 2019

Defamation, due process suit against superintendent proceeds

A school superintendent who allegedly insinuated the former Chief Technology and Information Officer, or CTIO, engaged in dishonest conduct will face claims for defamation and denial of due process for failing to provide the employee a hearing before the information was made public. Background On Feb. 7, 2019, Ira Socol filed an amended complaint against […]

Jul 15, 2019

More findings needed in unemployment benefits case

Where the Virginia Employment Commission denied plaintiff unemployment benefits because her employer discharged her for doing inaccurate work, the case is remanded for further proceedings. It cannot be determined from the record whether plaintiff’s acts or omissions were a willful disregard of her employer’s interests. Overview Inova Health employed petitioner as a lab tech assistant […[...]

Jun 30, 2019

Overtime pay required for overnight, out-of-town travel

In a class action lawsuit against an employer, the employer was liable for unpaid overtime for out-of-town travel involving an overnight stay even though at least one of the members of the class did not engage in such travel. Background This is a class action in which plaintiffs seek to recover unpaid wages against their […]

Jun 30, 2019

Labor Act does not preempt unjust enrichment claim

A plaintiff alleging her former employer deprived her of wages for hours worked can proceed with an unjust enrichment claim as it does not require an interpretation of the collective bargaining agreement, and is thus not preempted by the Labor Management Relations Act. Background Terri Powell was employed by defendant IKEA Industry Danville LLC at […]

Jun 30, 2019

Termination claim relied on inapplicable regulations

A private health care provider’s demurrer to a public-policy wrongful termination claim is granted because the administrative regulations plaintiff relies upon apply only to state-operated facilities. Background Plaintiff Tomes was a regional manager for defendant Encompass, a licensed home healthcare provider. Tomes alleges that in June 2017, one of defendant’s marketing directors complained [...]

May 28, 2019

Counselor’s termination after abuse was constitutional

The termination of a child counselor at a city-run juvenile detention center following a physical abuse incident did not violate the counselor’s due process rights because the counselor was given the opportunity to address the allegations against him in a pre-termination disciplinary conference and a post-termination grievance panel. Background Beginning in December 2003, Randy L. […]

May 13, 2019

CFO discharged five months after filing complaint stated retaliation claim

A CFO who was terminated five months after filing a complaint with the Office of State Inspector General alleging financial wrongdoing by the executive director could proceed on his claims of retaliatory discharge, but he failed to show that any retaliation was based on his political affiliation and he did not have a claim for […]

May 5, 2019

Sheriff can fire deputy who supported opponent

Where a sheriff terminated a deputy sheriff who supported the sheriff’s opponent during the re-election campaign, he did not violate the law. Background This case arises from Sheriff Michael L. Chapman’s decision not to reappoint Mark F. McCaffrey as a deputy sheriff in Loudoun County. In response, McCaffrey sued Chapman, Loudoun County and its Board […]

May 5, 2019

Employees must be compensated for attending job training

Only the plaintiffs who received right-to-sue letters from the Equal Employment Opportunity Commission more than 180 days after filing their EEOC charges could proceed on their discrimination and retaliation claims, but all plaintiffs adequately alleged violations of the Fair Labor Standards Act based on their employer’s time-keeping policies and failure to properly compensate them for […[...]

Apr 25, 2019

Hospital’s time-keeping policies back Fair Labor claims

Only the plaintiffs who received right-to-sue letters from the Equal Employment Opportunity Commission more than 180 days after filing their EEOC charges could proceed on their discrimination and retaliation claims, but all plaintiffs adequately alleged violations of the Fair Labor Standards Act based on their employer’s time-keeping policies and failure to properly compensate them for […[...]

Apr 25, 2019

Phony arrest claim was per se defamatory

An employee had a valid claim for defamation against her employer where her supervisors falsely told her coworkers that she had been arrested for a felony, but she could not bring a claim for tortious interference because an employer cannot tortuously interfere with a relationship to which it is a party. Background Plaintiff Tammy Sue […]

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