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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 […]
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 […]
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 […[...]
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 […]
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 […]
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 [...]
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. […]
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 […]
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 […]
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 […[...]
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 […[...]
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 […]
Verdicts & Settlements
- Plaintiff injured in crash with oncoming vehicle — $235,000 settlement
- Driver killed in rear-end collision with tractor-trailer — $1.5M settlement
- Man died from pancreatic cancer after delayed response — $1.8M settlement
- Worker fell off roof, rendering him a paraplegic — $1.25M settlement
- Driver sustained permanent hearing loss after traffic collision — $240,000 settlement
- Plaintiff suffered concussion in rear-end collision — $81,000 verdict
- Builder misrepresented home status to buyers — $675,000 verdict
- Low potassium led to cardiac arrest, death of patient — $1M settlement
- Excessive propofol caused death in dialysis patient — $850,000 settlement
- Pedestrian struck in crosswalk in hit-and-run incident — $300,000 settlement
- Navy veteran killed in collision with box truck — $1.85M arbitration award
- Motorcyclist ejected from bike in collision with SUV — $1.5M settlement
Opinion Digests
- Company owner dodges breach of contract suit
- Employee’s own allegations doom minimum wage claim
- Federal government defeats former employee’s claims
- Principal wasn’t entitled to exclusively remote work
- USPTO properly redacted info in responsive documents
- Untimely lawsuit allowed to proceed
- Engineering consultant dismissed from suit
- Rule 60 motion was filed too late
- Nonprofit directors immune from ex-employees’ claims
- City, employees immune from whistleblower claims
- Experts excluded in condemnation damages suit
- Judgment entered against company for horse’s death
