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Labor

Dec 20, 2023

Gannett prevails in suit over 401(k) plan decisions

Where a company benefit plan committee acted as a hypothetical prudent fiduciary would have, including by having timely and regular meetings, both with and without advisors, to discuss the risks […]

Aug 7, 2023

Company general manager not ‘employer’ under FLSA

Where the government alleged a company’s general manager was liable for unpaid overtime wages, based centrally on the extent of her involvement in management of employees, her involvement in hiring […]

Dec 15, 2022

Healthcare provider liable for unpaid OT

Where a home healthcare provider failed to pay $759,698.70 in overtime wages, it was liable for that amount. And because the healthcare company and its owners were aware of their […]

Oct 16, 2022

Records, reports support non-disability finding

Where an insurer relied on medical records, an independent medical exam report, two independent physician peer review reports and the 2017 transferrable skills analysis, or TSA, in concluding a man […]

Aug 25, 2022

Court lacks jurisdiction to enter consent order

Although a company agreed in a stipulated settlement agreement to enforcement of an order with the National Labor Relations Board, or NLRB, and agreed that the court should enter judgment […]

Aug 23, 2022

Contracts with VA entity establishes jurisdiction

Where out-of-state companies contracted with a Virginia-based corporation to implement uniform practices, including the practices that resulted in the alleged Fair Labor Standard Act violations at issue in this suit, […]

May 19, 2022

Vocational workers are ‘employees’ under NLRA

Where the National Labor Relations Board concluded that the relationship between a vocational services program and disabled janitors was akin to a “typically industrial” relationship, thus making the janitors “employees” […]

Mar 8, 2022

No punitive damages for tardy contributions to fund

Where unions sued a construction company for liquidated damages after it made a series of tardy payments to an employee health and welfare fund, the court joined three other circuits […]

Jan 3, 2022

Settlement approved in EMS overtime suit

The City of Virginia Beach will pay $200,000 to settle a lawsuit brought by EMS captains, alleging they were improperly classified and thus denied overtime under the Virginia Gap Pay […]

Jul 15, 2021

Notices on negotiations wasn’t unfair labor practice

Where the manufacturing company posted notices about then-ongoing negotiations with the union, but did so in a straightforward manner that expressed its position without directly or indirectly soliciting employee action, […]

Apr 30, 2021

Owners sued for corporation’s alleged fraud

Where a unity of interest and ownership was alleged to exist between the corporation and its two owners, and the owners allegedly used the corporate form to disguise a wrong […]

Oct 12, 2020

Employer can’t dispose of calculation-of-benefits suit

Although an employer argued its method of calculating benefits for retirees electing joint and survivor annuities under its defined benefit retirement plan was reasonable under the Employee Retirement Income Security […]

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