Virginia Employer Law

Policy Allowing No More Than Six Months’ Sick Leave Does Not Violate Rehabilitation Act

The Tenth Circuit was recently faced with the question of whether a university’s inflexible policy disallowing sick leave longer than six months violated the Rehabilitation Act. Rejecting the claims of the plaintiff, an assistant professor who sought more than six months leave after being diagnosed with and beginning treatment for cancer, the Tenth Circuit found […]

READ MORE

DOL Proposed Rule Redefines “Spouse” Under FMLA

In the wake of the United States Supreme Court’s decision in United States v. Windsor, 133 S. Ct. 2675 (2013), the Department of Labor has issued a proposed rule changing the definition of “spouse” under the FMLA. This proposed rule, issued on June 20, 2014, would insure that all eligible employees who are legally married, […]

READ MORE

Pregnancy Discrimination Case Settled for $25,000

According to an EEOC press release earlier this week, a property management company in Maryland has agreed to pay $25,000 to settle a pregnancy discrimination lawsuit where the allegations were that the pregnant employee was terminated after she requested to discontinue working with certain cleaning products, but was unable to provide certain documentation from her […]

READ MORE

FMLA Interference v. Retaliation—No Interference Claim Where No Denial of FMLA Benefits

In the case of Downs v. Winchester Medical Center, et al., No. 5:13cv00083, the United States District Court for the Western District of Virginia addressed the question of what constitutes a claim for interference in violation of the FMLA.  The plaintiff in this case asserted claims of both interference and retaliation in violation of the […]

READ MORE

Employer May Be Liable Where Spurned Co-Worker Takes Action to Get Employee Fired

The Supreme Court has previously ruled on the issue of employer liability premised on a finding of negligence in cases involving hostile workplace. But, yet to be addressed by the Supreme Court is whether an employer can face liability when a co-worker (instead of a supervisor) commits a discriminatory act that influences an ultimate employment […]

READ MORE

Classifying Former Employee as a New Hire Can Provide Basis for Retaliation Claim

Recently, Judge Payne of the Eastern District of Virginia ruled that a plaintiff’s claim that he was retaliated against when he was rehired by his employer after engaging in protected activity, but reassigned to a new site forty-seven miles away from his original sites without the supervisory responsibilities he previously held and was classified as […]

READ MORE

Eleventh Circuit Reverses Summary Judgment Ruling in Discrimination Case—Reminding District Court that in Status-based Discrimination Claims, But-for Causation Not Required

This week, the Eleventh Circuit issued a ruling in Barthelus v. G4S Government Solutions, Inc., No. 13-14121 (May 27, 2014), reversing the district court’s award of summary judgment to an employer and finding that there was a material issue of fact regarding whether the employers’ grounds for termination were merely pretext. In so ruling, the […]

READ MORE

I-9 Audits—What You Need to Know to Be Prepared

In 2010, Abercrombie and Fitch agreed to pay $1,047,110 to settle with ICE following an I-9 audit in which it was revealed that there were numerous technology-related deficiencies in its electronic I-9 verification system.  In 2012, after an investigation and audit of its I-9 forms, a restaurant in Dayton, Ohio was fined more than $20,000 […]

READ MORE

Fourth Circuit Reverses Summary Judgment in Third Party Harassment Claim

In a recent decision, the Fourth Circuit has joined other circuits in holding that a negligence standard applies to third party harassment claims under Title VII, an issue the United States Supreme Court has yet to reach.  In Freeman v. Dal-Tile Corp., et al., No. 131481 (4th Cir. April 29, 2014), the Fourth Circuit concluded […]

READ MORE

First Circuit Reverses District Court-Per Diem Should Have Been Included in Regular Rate

Overtime under the Fair Labor Standards Act (“FLSA”) is calculated based upon an employee’s regular rate of pay.  But the issue of whether that regular rate of pay includes a per diem can be a challenging one.  Just last month, the First Circuit found that a district court improperly awarded summary judgment to an employer […]

READ MORE