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

After nearly a 10-year hiatus, the U.S. Department of Labor’s Wage and Hour Division recently issued three formal opinion letters, setting forth its views on various wage-and-hour issues addressed to the WHD by interested parties. Opinion letters represent official WHD ...

Tagged with: Employment U.S. Department of Labor

A contract employee plausibly stated claims for FLSA violations and breach of contract based on allegations that his employer withheld two weeks of paychecks. Because the state court in his earlier-filed action on the same grounds had not made any ...

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

A district court did not err in denying preliminary injunctive relief to preserve the National Labor Relations Board’s ability to award relief following its adjudication of unfair labor practice charges against two hospitals. Because the Board did not show irreparable ...

Tagged with: 4th U.S. Circuit Court of Appeals Employment Judge Paul V. Niemeyer Labor

Even though a plaintiff male employee admitted his male workplace tormenter was not homosexual, the co-worker’s alleged persistent, sexually charged harassment was enough to let a Title VII hostile work environment claim go to trial, a federal judge has ruled. ...

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

A contract employee who said only that he “would not be opposed” to mediation, but didn’t actually request it, didn’t satisfy a condition precedent for suing. In light of his previous non-suit after months of litigation, the circuit court had ...

Tagged with: Contract Employment Justice S. Bernard Goodwyn Supreme Court of Virginia

A plaintiff’s hostile-work-environment claim against his employers can proceed to trial. The plaintiff presented evidence of severe and pervasive harassing conduct based on sex, with no response by their supervisor. Despite firing both the harasser and the supervisor, the defendants ...

Tagged with: Civil Rights Employment Employment Discrimination Judge Norman K. Moon Sexual Harrassment U.S. District Court - Western District

As amended in 2015, Federal Rule of Civil Procedure 4(m) doesn’t require dismissal of a complaint served late, even with good cause not shown. Here, extending the service deadline better served the interests of justice, since it wouldn’t prejudice the ...

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

On reconsideration, an auto worker’s FMLA retaliation claim can go to trial after all. Having already found fact issues material to his other claims, the court concluded it would be inconsistent not to send the retaliation claim to the jury ...

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

Tipped employees at Macado’s stated a claim for unpaid wages related to untipped “side work” they were required to do. Rather than alleging a specific amount of time they spent on side tasks, it was sufficient to allege they spent ...

Tagged with: Administrative Employment Judge Norman K. Moon U.S. District Court - Western District Wage & Hour