A doctor claiming he was fired for being gay can sue his former employer for Title VII discrimination, a federal judge in Richmond has ruled. The case was filed before the U.S. Supreme Court ruled earlier this year in Bostock ...

Tagged with: Employment Employment Discrimination Judge M. Hannah Lauck

Where a former executive claimed a company owed him severance pursuant to a change in a control provision of his executive agreement after the death of the company’s owner, his argument failed because the death did not trigger a change ...

Tagged with: Employment Judge James P. Jones U.S. District Court - Western District

An employee’s claims of intentional infliction of emotional distress, negligent infliction of emotional distress and negligent hiring and retention arising out of injuries allegedly suffered when he was assaulted by a co-worker, were precluded by the Virginia Workers’ Compensation Act ...

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

Where fire battalion chiefs argued they were covered by a “first responder regulation,” which required they be paid overtime, because their primary duty was management and not front line firefighting, the first responder regulation was inapplicable. A review of their ...

Tagged with: 4th U.S. Circuit Court of Appeals Employment Judge J. Harvie Wilkinson III

Where restaurant employees claimed that tips and automatic gratuities could not be considered in determining whether their employer met its obligations under the Fair Labor Standards Act, or FLSA, it was error to apply a statutory exemption—29 U.S.C. § 207(i)—to ...

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

Where an employee was terminated for refusing to tell his employer the results of a COVID-19 test after he had been exposed to his mother who tested positive, his lawsuit against based on the Health Insurance Portability and Accountability Act ...

Tagged with: Employment Judge Raymond A. Jackson U.S. District Court - Eastern District

An arbitrator did not exceed his jurisdiction in reversing United Airlines’ decision to terminate a pilot accused of retaliation. The arbitrator acknowledged the retaliation standard from United’s policy and the definition applied by the Equal Employment Opportunity Commission, and sufficiently ...

Tagged with: Employment Judge Theresa C. Buchanan U.S. District Court - Eastern District

Although the defendant argued the claims of plaintiffs who are unable to travel to Richmond from Mexico for depositions because of COVID restrictions should be severed, this request was denied. Instead, the defendants can take their depositions via remote means. ...

Tagged with: Employment Judge Robert E. Payne U.S. District Court - Eastern District

Where the named plaintiff failed to file a written opt-in consent notice before the time for doing so expired, he was not a proper plaintiff and could not lead the collective action. A substitute plaintiff was allowed. Background This is ...

Tagged with: Employment Judge Elizabeth K. Dillon U.S. District Court - Western District

A Chesterfield County special education instructor can go forward with a hostile environment claim, based on alleged sexual harassment by a student. The employee brought the Title VII claim against the Chesterfield County School Board based on alleged groping by ...

Tagged with: Employment Sexual harassment Title VII