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

An employer enjoined from moving its operations could no longer pursue its appeal after an arbitrator’s final decision. The matter was moot, despite the employer’s intention to seek attorneys’ fees. Background Appellant Airgas Inc. operates a facility in Hyattsville, Maryland, ...

Tagged with: 4th U.S. Circuit Court of Appeals Arbitration Civil Procedure Contract Employment Judge Pamela A. Harris Labor

Lawyers who advise businesses need to know about new guidance on drafting employee handbooks, provided in a March memorandum issued by the General Counsel of the National Labor Relations Board. The memorandum surveys common topics covered in handbooks, such as ...

Tagged with: Employment Labor

A federal judge says he will enforce a $100,000 Fair Labor Standards Act settlement even though the plaintiff claimed he did not agree to the deal. The decision by U.S. District Judge Henry C. Morgan Jr. came after the plaintiff’s ...

Tagged with: Federal Courts Judge Henry Coke Morgan Jr. Labor

An Alexandria U.S. District Court says plaintiff employee for a linen supply service cannot recover for an alleged overtime-pay violation, as she has failed to raise factual issues in response to employer’s assertion that plaintiff kept her own time records, ...

Tagged with: Judge James C. Cacheris Labor U.S. District Court - Eastern District

A Norfolk U.S. District Court denies defendant discount chain’s motion to decertify a conditionally certified class in this suit by hourly associates and assistant store managers who allege violations of the Fair Labor Standards Act. If, after discovery, it is ...

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

In this suit by employees of a Greenville, S.C., poultry processing plant, plaintiffs’ state-law wage claims are preempted by federal labor law, as the parties are subject to a collective bargaining agreement, but the 4th Circuit affirms an award for ...

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

An administrative assistant who settled her overtime pay claim against defendant employer is awarded $115,000 in attorney’s fees and $12,368.63 in costs by the Norfolk U.S. District Court under 29 U.S.C. § 216(b), the attorney’s fee provision of the Fair ...

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

A mortgage lender wins summary judgment in an overtime pay case filed by a loan officer; the Alexandria U.S. District Court says plaintiff is exempt from overtime pay requirements of the Fair Labor Standards Act under the outside sales exemption. ...

Tagged with: Judge James C. Cacheris Labor U.S. District Court - Eastern District

A mortgage lender wins summary judgment in an overtime-pay suit filed by a loan officer; the Alexandria U.S. District Court says the lender demonstrated plaintiff loan officer is covered  by the “outside sales” exemption under the Fair Labor Standards Act. ...

Tagged with: Judge James C. Cacheris Labor U.S. District Court - Eastern District