Where a salaried employee was paid at a rate of $33,000 per year, she was not entitled to overtime pay under the Fair Labor Standards Act because her primary duties were directly related to management or general business operations. Background ...

Tagged with: Employment Judge Ivan D. Davis U.S. District Court - Eastern District

A university student demonstrated a likelihood that his due process rights would be violated if a hearing went forward, as he had a colorable argument the university lacked jurisdiction to discipline him for an alleged off-campus incident involving a non-student ...

Tagged with: Employment Judge Glen E. Conrad U.S. District Court - Western District

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 ...

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

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 ...

Tagged with: Employment Judge Glen E. Conrad U.S. District Court - Western District

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 ...

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

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 ...

Tagged with: Employment Judge Rebecca Beach Smith U.S. District Court - Eastern District

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 ...

Tagged with: Employment Judge Jackson L. Kiser U.S. District Court - Western District

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 ...

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

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 ...

Tagged with: Employment Judge Arenda L. Wright Allen U.S. District Court - Eastern District

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 ...

Tagged with: Employment Judge Michael F. Urbanski U.S. District Court - Western District