The plaintiff alleged her employer failed to pay her overtime. Although the defendant then tendered an amount it believed would fully compensate the plaintiff for the unpaid overtime, the court held this tender did not moot the case because the ...

Tagged with: Judge Mark Davis Labor U.S. District Court - Eastern District

The plaintiff is not suing for benefits, but for damages equal to the value of his denied benefits because of his alleged misclassification. As a result, his claims are not preempted by ERISA, so there is no federal question jurisdiction ...

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

In Virginia, a worker who doesn’t get paid properly by his employer often has trouble collecting the money he is owed because it is not economically feasible for lawyers to take their cases. At present, unpaid workers’ remedies are to ...

Tagged with: General Assembly Labor

The court granted summary judgment to a union sued by trustees of the Postal Union Welfare Benefit Trust, finding the union’s decision to shorten trustees’ terms of service, eliminate their staggered terms and their right to select their successors, and ...

Tagged with: Judge Henry E. Hudson Labor U.S. District Court - Eastern District

An air conditioning contractor that allegedly failed to make required contributions on behalf of journeymen and apprentice plumbers and pipefitters was found liable to the pension fund for liquidated damages, interest from the date the payments were due and attorney ...

Tagged with: Judge Anthony J. Trenga Labor U.S. District Court - Eastern District

The NLRB was entitled to recover $7,503 in fees based on accepted rates for  attorneys in Washington, D.C., after it prevailed in a discovery dispute with a coal company. Background The National Labor Relations Board moved to compel Cobalt Coal ...

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

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

Tagged with: Judge William E. Anderson Labor U.S. District Court - Eastern District

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

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 Judge Paul V. Niemeyer Labor

An employer’s collective bargaining impasse rights did not override its ERISA obligations to employees hired post-impasse. The employer also didn’t plead its fraud-dependent affirmative defenses with sufficient particularity. Background Appellant Just Born II Inc. and the Bakery, Confectionary and Tobacco ...

Tagged with: 4th U.S. Circuit Court of Appeals Civil Procedure Contract Judge G. Steven Agee Labor Tort