The plaintiffs plausibly alleged the defendants’ enterprise fell within the scope of the Fair Labor Standards Act and that each of the plaintiffs had an employer-employee relationship with defendants. The court also held an FLSA retaliation claim was plausible, based ...

Tagged with: Employment Judge M. Hannah Lauck U.S. District Court - Eastern District

There was no evidence the reservist’s supervisor terminated the plaintiff because of his membership in the Army Reserve. Background On May 31, 2018, Communication Technologies filed a motion for summary judgment. COMTek asserts that it is entitled to judgment as ...

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

A private duty nurse who sued her employer for violations under the Fair Labor Standards Act was awarded $20,910.75 for unpaid wages, an equal amount for liquidated damages plus attorney’s fees and costs. Background Only Choice employed therapists, medical social ...

Tagged with: Employment Judge Liam O'Grady U.S. District Court - Eastern District

The court remanded the question of whether a sheriff is entitled to qualified immunity against a retaliatory discharge claim brought by a supervisor fired after leaking video of a prisoner being beaten by an officer. The district court must determine ...

Tagged with: 4th U.S. Circuit Court of Appeals Employment Per Curiam Opinion

In considering a woman’s challenge to her termination, the appellate court said the case required a de novo review of a hearing officer’s final decision. The hearing officer’s initial finding of retaliation was based solely on his faulty understanding of ...

Tagged with: Employment Judge Teresa M. Chafin Virginia Court of Appeals

The “Important Opinions” that appear each week on the front page of Virginia Lawyers Weekly are those chosen by our editors as the most likely to impact law practice or a given subject area of law. Below is a listing, ...

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Because an employer did not abandon its claim that a former employee breached his employment agreement by retaining company property after resignation, the district court erred in dismissing the claim. And because the employer took steps to maintain the secrecy ...

Tagged with: 4th U.S. Circuit Court of Appeals Employment Judge G. Steven Agee

A termination suit brought by the CEO of a state agency was dismissed without prejudice because he failed to allege facts proving his filing of a whistleblower complaint charging waste and misuse of funds was the cause of his firing ...

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

An employer who failed to make pension contributions or to respond to pension funds’ lawsuit was ordered to repay the funds with interest and pick up attorney and auditing fees. Background This action is brought under Sections 502 and 515 ...

Tagged with: Employment Judge John F. Anderson U.S. District Court - Eastern District

After a home health care worker established that her employer failed to compensate her for overtime, the Eastern District of Virginia court found her entitled to unpaid overtime, liquidated damages and attorney’s fees under FLSA. Background Plaintiff sued Kare Management ...

Tagged with: Employment Judge Michael S. Nachmanoff U.S. District Court - Eastern District