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Oct 31, 2022

Disloyal employee’s damages verdict stands

Where a company argued it was entitled to $396,832.59 in damages, instead of the $59,000 it was awarded after a jury found a former employee breached his duty of loyalty, the company’s arguments were rejected. There was no evidence the jury neglected to consider the evidence or was influenced by prejudice, passion or other improper […]

Oct 31, 2022

Ex-board members were not ‘employers’

The definition of “employer” applicable to actions under Code § 40.1-29(J) for unpaid wages is narrower than the definition in the Virginia Minimum Wage Act, or VMWA, and the Fair Labor Standards Act, the Supreme Court of Virginia has held.  The plaintiffs sued for unpaid wages and named two members of their former employer’s board […]

Oct 23, 2022

No joint employer liability in unpaid wages case

Where employees sued for unpaid wages, two members of a newly formed board of directors who resigned before wages were withheld do not have joint employer liability for the unpaid wages. Overview Plaintiffs (clinicians) are licensed therapists who worked for Christian Psychotherapy Services. Their compensation was on a commission basis – a percentage of collected […]

Oct 16, 2022

Certification denied in overtime collective action

Where loan processors and loan officers moved for conditional certification of their collective action alleging they were denied overtime, but their own allegations showed that all potential class members were not similarly situated and their claims turned on their individual interactions with their supervisors, their motion was denied. Background NVR Inc. and NVR Mortgage Finance […]

Oct 10, 2022

Court tosses claim for unpaid commissions

The Eastern District of Virginia has dismissed all claims filed by a sales executive who wasn’t paid commissions after she took unauthorized paid time-off because of a dispute with her employer about their commission structure and management. The plaintiff claimed her employer breached her commission agreement, and that her signatures on amendments to the agreement […]

Sep 24, 2022

Vice president not entitled to commissions

Where a company placed its vice president for enterprise sales on unpaid administrative leave, it was not required to pay her salary and commissions. She was not providing any “services” to the company as she had unilaterally taken unauthorized PTO. Background Zeta Global Corporation employed Melissa Racklin as Vice President, Enterprise Sales from Nov. 12, […]

Sep 24, 2022

UVA dismisses former nurse’s COVID vaccination suit

Where a nurse who was discharged for not providing proof of vaccination or obtaining a religious or medical exemption sued the University of Virginia, her claims were dismissed. UVA’s policy is related to the government interest in preventing COVID-19 from spreading amongst UVA Health personnel and patients. Background Catherine Antunes began working as a nurse […]

Sep 15, 2022

Settlement class certified in pizza delivery driver suit

Where the parties moved to settle the suit alleging that pizza delivery drivers were not paid overtime and the record showed that the collective-action plaintiffs all held the same job, were subject to the same overtime pay calculation, liability was strongly contested, a successful verdict was uncertain and the settlement represented a reasonable compromise of […]

Sep 8, 2022

Federal employee’s suit not a ‘mixed case’

Where a federal employee claimed his suit challenging the Drug Enforcement Agency, or DEA’s, failure to select him for any of the GS-15 positions for which he applied was a “mixed case” under the law, but guidance from prior cases and the mechanics of the Civil Service Reform Act, or CSRA, show otherwise, the district […]

Sep 8, 2022

Insufficient briefing dooms appeal of denied benefits

Where appellant argues the Virginia Employment Commission wrongful denied him unemployment benefits after erroneously concluding that he was discharged for misconduct, the merits of most of his 30 assignments of error cannot be reached either because he has not adequately briefed them or the court lacks jurisdiction. Legal standard “Rule 5A:20(e) provides that the opening […]

Sep 1, 2022

Court conditionally certifies meal break class

Where employees showed that the defendants’ conduct may have violated the meal break rules under the Fair Labor Standards Act, or FLSA, a conditional class was certified. Because the evidence was insufficient to justify conditional certification of a nationwide collective, however, certification was limited to the facilities identified in the four declarations. Background In this […]

Sep 1, 2022

FLSA collective action expands

Where the named plaintiffs presented evidence that the time rounding and pre-shift activity policies were employed nationwide, the conditionally certified class was expanded from a Virginia-based class to a nationwide class. Background The plaintiffs filed this collective and class action, alleging that the defendants violated the FLSA and Virginia wage and hour laws by not […]

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