Employment law tidbits after the break.
Contributed by Eric A. Welter.Tidbits
August 30th, 2010Judge Approves Nearly $500,000 Attorneys’ Fee Request
August 24th, 2010A federal judge in Dallas, Texas, has approved the fee petition of plaintiff’s counsel in a discrimination and retaliation case that resulted in a $3.6 million jury verdict for the plaintiff. Law.com has the story here. The fee request was for $496,302.50, and the judge approved all but $6,375 of the request. The decision is a stark reminder of the potential cost of employment litigation and the reason why prudent employers invest in proactive measures before a charge of discrimination is filed.
Contributed by Eric A. Welter.Fairfax Circuit Court Declines To Enforce Noncompete Agreement
August 23rd, 2010Virginia Lawyers Weekly has an article here on a recent decision by the Fairfax County Circuit Court involving a noncompete agreement. More after the break.
Contributed by Eric A. Welter.EEOC Verdicts and Settlements — July 2010
August 12th, 2010Our latest update on EEOC jury verdicts and settlements for July 2010 after the break.
Contributed by Eric A. Welter.Western District Refuses To Dismiss FLSA Claim
August 11th, 2010In Hale v. Dolgencorp, Inc., the Western District of Virginia denied the defendant’s motion for summary judgment on an FLSA claim based on the executive exemption to overtime pay. A copy of the opinion is here. More after the break.
Contributed by Eric A. Welter.Eastern District Dismisses EEOC Suit Against Hotel
August 9th, 2010The U.S. District Court for the Eastern District of Virginia recently granted a defendant’s motion for summary judgment on a national origin discrimination claim brought by the U.S. Equal Employment Opportunity Commission alleging that the defendant’s failure to re-hire certain non-Hispanic employees violated Title VII. A copy of the order is here. More after the break.
Contributed by Eric A. Welter.Big Law in Canada Costs More Too
August 3rd, 2010An interesting survey conducted by the Canadian Lawyer suggests that using a large firm (more than 25 lawyers) to handle a two-day civil trial costs clients on average over twice as much as using a 5-25 attorney firm. The survey results can be read here. The large firm average (in Canadian dollars) was $51,875 with a high of $165,368. The small firm average was $21,790 with a high of $36,691.
Contributed by Eric A. Welter.Eastern District Rules on Attorneys’ Fees in FLSA Case
August 3rd, 2010In Hanzlik v. Birach, Jr., et al., the Eastern District of Virginia granted the plaintiff’s attorneys’ fees petition, finding the amount of attorneys’ fees requested to be reasonable. The opinion can be found here. More after the break.
Contributed by Eric A. Welter.EEOC Verdicts and Settlements — June 2010
August 2nd, 2010Our update for June 2010 EEOC verdicts and settlements after the break.
Contributed by Eric A. Welter.Recent Jury Verdicts and Settlements
July 29th, 2010Our latest update on recent jury verdicts after the break.
Contributed by Eric A. Welter.Employer Loses Effort To Apply RICO Statute To Employee Double-Billing
July 26th, 2010The U.S. District Court for the Eastern District of Virginia dismissed RICO claims brought by a defense industry consulting company against a former employee. More after the break.
Contributed by Eric A. Welter.Recent Amendments to Maryland Wage Payment and Collection Law Effective October 2010
July 22nd, 2010This spring, the Maryland legislature enacted two significant amendments to the state’s Wage Payment and Collection Law (“WPCL”), Md. Code Lab. & Empl. § 3-501, et seq. This statute governs payments for unused leave at the end of employment. More after the break.
Contributed by Eric A. Welter.Firing Your Employees To Keep Them Off Your Health Insurance Plan Is A Bad Idea
July 20th, 2010In Porter v. Elk Remodeling, Inc., the Eastern District of Virginia denied an employer’s motion for summary judgment on a former employee’s ERISA and Virginia Human Rights Act (“VHRA”) claims based on evidence that the employer had discriminated against the employee with respect to rights under an employee benefit plan as well as gender. A copy of the opinion is here. More after the break.
Contributed by Eric A. Welter.DOL Clarifies FMLA Definition of “Son or Daughter”
July 19th, 2010The Division recently posted a new Administrator Interpretation clarifying the definition of “son or daughter” under Section 101(12) of the Family and Medical Leave Act (FMLA) as it applies to an employee standing “in loco parentis” to a child. The new Administrator Interpretation is designated as AI FMLA 2010-3. Please click here to access this letter.
Contributed by Eric A. Welter.4th Circuit Reverses Dismissal of Sexual Harassment Case
July 18th, 2010In EEOC v. Fairbrook Medical Clinic, the Fourth Circuit reversed the grant of summary judgment for the defendant on the plaintiff’s hostile work environment claim. More after the break.
Contributed by Eric A. Welter.
