In these two consolidated cases, the 4th Circuit says the appointment of three members to the National Labor Relations Board on Jan. 4, 2012 was unconstitutional because the appointments were not made during the “Recess of the Senate” under the ...

Tagged with: 4th U.S. Circuit Court of Appeals Judge Clyde H. Hamilton Labor

In this action by the Fraternal Order of Police seeking an order reinstating two WMATA transit officers pursuant to an arbitration award, the Alexandria U.S. District Court rejects WMATA’s position that it cannot reinstate the officers because they have been ...

Tagged with: Judge Leonie Brinkema Labor U.S. District Court - Eastern District

The National Labor Relations Act did not have authority to promulgate a rule requiring employers to post a notice of employee rights under the National Labor Relations Act, and the 4th Circuit upholds summary judgment for the U.S. Chamber of ...

Tagged with: 4th U.S. Circuit Court of Appeals Judge Allyson K. Duncan Labor

The Richmond U.S. District Court says a school bus driver who alleges she was fired in retaliation for filing a claim for overtime pay under the Fair Labor Standards Act may not amend her complaint because her additional allegations still ...

Tagged with: Judge James R. Spencer Labor U.S. District Court - Eastern District

A Norfolk U.S. District Court accepts a magistrate judge’s recommendations to approve a class action settlement in this Fair Labor Standards Act case filed against a Norfolk call center, and to deny the call center’s motion to seal the settlement. ...

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

A union member who alleged she was fired in retaliation for reporting to the regional union that she had seen the union local’s president and vice president viewing pornography on a union computer does not have a claim for violation ...

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

In this suit by plaintiff discount store employees for overtime pay under the Fair Labor Standards Act, a Norfolk U.S. District Court denies defendants’ motion to certify for interlocutory appeal the court’s earlier conditional certification of a class of plaintiffs. ...

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

A nursing home cannot overturn a vote by its certified nursing assistants (CNAs) and other employees for union representation by arguing that the election was improperly influenced by racially inflammatory comments by a local NAACP official, and the 4th Circuit ...

Tagged with: 4th U.S. Circuit Court of Appeals Judge James A. Wynn Jr. Labor

In this overtime-pay case filed by a long-distance truck driver, defendant trucking company may not subpoena the trucker’s employment records from four prior employers, says a Norfolk U.S. District Court; the court grants the motion to quash the subpoenas duces ...

Tagged with: Judge Henry Coke Morgan Jr. Labor U.S. District Court - Eastern District

A Norfolk U.S. District Court denies plaintiff discount store employees’ motion for equitable tolling of their suit for overtime pay under the Fair Labor Standards Act, and dismisses with prejudice FLSA claims related to assistant store managers, but dismisses plaintiffs’ ...

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