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” under the National Labor Relations Act, and substantial evidence supported ...

Tagged with: 4th U.S. Circuit Court of Appeals Judge Robert B. King Labor

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 in holding that punitive damages are not recoverable in cases ...

Tagged with: 4th U.S. Circuit Court of Appeals Judge J. Harvie Wilkinson III Labor

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 Act, or VGPA, and the Fair Labor Standards Act, or ...

Tagged with: Judge Rebecca Beach Smith Labor U.S. District Court - Eastern District

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, it did not commit an unfair labor practice. Background Tecnocap ...

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

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 or obscure a fraud, in particular, to avoid payment of ...

Tagged with: Judge M. Hannah Lauck Labor U.S. District Court - Eastern District

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 Act, testimony from the plaintiff’s expert witness about the appropriate ...

Tagged with: Judge Douglas E. Miller Judge Rebecca Beach Smith Labor U.S. District Court - Eastern District

A union’s claim against its former business manager under § 501(a) of the Labor Management Reporting and Disclosure Act, or LMRDA, is subject to the two-year statute of limitations applicable to breach of fiduciary duty claims under Virginia law. This ...

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

Volvo’s change in legal position as to whether its direct payments to union employees under a collective bargaining agreement violate the Labor Management Relations Act, or LMRA, does not give rise to a case or controversy warranting court intervention as ...

Tagged with: Judge Elizabeth K. Dillon Labor U.S. District Court - Western District

In a case involving an ERISA-covered plan, the parties’ briefs on the motion to dismiss assumed that Virginia law applies to the corporate veil piercing claim. Supplemental briefing was ordered on whether the federal common-law standard should instead apply, and ...

Tagged with: Judge M. Hannah Lauck Labor U.S. District Court - Eastern District

The Employee Retirement Income Security Act of 1974 preempts a suit contesting a multimillion-dollar withdrawal liability owed to the trade association that offers the pension plan because the claims challenge the plan’s terms as violative of ERISA. The plaintiffs could ...

Tagged with: Judge T.S. Ellis III Labor U.S. District Court - Eastern District