Where the district court issued a stay to allow the defendant to take an interlocutory appeal to the Fourth Circuit, which prevents plaintiffs from sending notices to putative collective members and limits their ability to opt in, the extraordinary circumstances ...

Tagged with: Employment Judge David J. Novak U.S. District Court - Eastern District

Where call center workers submitted declarations to support their claims that a company-wide policy required them to work before the start of their shifts, through unpaid meal breaks and after their shifts ended, their motion for conditional certification was granted. ...

Tagged with: Employment Judge David J. Novak U.S. District Court - Eastern District

Where neither the Fourth Circuit nor the U.S. Supreme Court has prescribed the process for certification of FLSA collective actions, and the defendant urged the court to follow a Fifth Circuit decision outlining an approach different from the one typically ...

Tagged with: Employment Judge David J. Novak U.S. District Court - Eastern District

Where plaintiffs alleged their employer underpaid hourly employees by rounding time entries, and offered affidavits showing they worked the same or similar hours, performed the same or similar duties and operated the same or similar equipment as all putative subclass ...

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

Where the court previously allowed plaintiffs asserting claims for unpaid overtime to send notices to potential class members via U.S. Mail, but the response rate has been significantly below typical opt-in rates, the plaintiffs can now send reminder notices by ...

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

Where the plaintiff-employee waited until her response to the defendant-employer’s summary judgment motion to raise for the first time claims based on a supervisor’s statement that she didn’t want plaintiff on a team because she was afraid plaintiff would file ...

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

A federal court has sanctioned an employee who deleted electronically stored information, or ESI, from his former employer’s computers after receiving a litigation hold letter when he was fired for starting a competing company with several co-workers. Judge Roderick C. ...

Tagged with: Employment Judge Roderick C. Young Spoliation U.S. Bankruptcy Court – Eastern District

Where the complaint alleged that defendants failed to pay overtime by developing a pay scheme to reduce employees’ hourly rates the more hours they worked, and then paying the overtime rate based on the reduced hourly rate, not the regular ...

Tagged with: Employment Judge Roderick C. Young U.S. District Court - Eastern District

Where employees of a waterproofing company alleged they were misclassified as independent contractors, and the Virginia-based plaintiffs alleged that this practice was not limited to Virginia, the court conditionally certified a nationwide class under the Fair Labor Standards Act, or ...

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

Where a university law enforcement officer was discharged for violating COVID-19 safety rules, there were no flaws in the administrative proceedings or the circuit court’s judicial review. Overview Appellee, George Mason University, hired appellant as a law enforcement officer. He ...

Tagged with: Employment Judge Marla Graff Decker Virginia Court of Appeals