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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 and her authority to set the rates of pay, but that claim was either unsupported by admissible evidence or flatly contradicted by evidence in the […]

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 obligations, because of a prior investigation for failure to pay overtime, there were liable for an additional equal amount as liquidated damages. Background This is […]

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 was not fully disabled, and thus no longer entitled to long-term disability, or LTD, benefits, it prevailed on the claim. Background Jeremy Smith, a former […]

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 against it, there was no case or controversy because the NRLB has no interest adverse to the company that this judgment would resolve. Background The […]

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, the court could exercise jurisdiction over the foreign defendants. Background Defendants operate a chain of Mexican restaurants throughout the United States. Plaintiff alleges that, u[...]

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” under the National Labor Relations Act, and substantial evidence supported that finding, its decision was affirmed. Background Sinai Hospital of Baltimore Inc.’s vocatio[...]

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 in holding that punitive damages are not recoverable in cases for late contribution payments under section 301 of the Labor Management Relations Act, or LMRA. […]

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 Act, or VGPA, and the Fair Labor Standards Act, or FLSA. Approximately 40% of the payment will go to the plaintiffs’ lawyers. Background Plaintiffs are […]

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, it did not commit an unfair labor practice. Background Tecnocap LLC, petitioned for review of an order of the National Labor Relations Board, or NLRB, […]

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 or obscure a fraud, in particular, to avoid payment of withdraw liability from an employee benefit plan, the veil-piercing claim survived the motion to dismiss. […]

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 Act, testimony from the plaintiff’s expert witness about the appropriate actuarial assumption was sufficient to defeat the employer’s summary judgment motion. Background This clas[...]

May 12, 2020

Two-year statute of limitations applies to LMRDA claim

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 suit, which was not filed within two years from the date of the breach, was […]

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