In Worldwide Network Services, LLC v. DynCorp International, LLC, the Fourth Circuit reversed a $10 million punitive damages award in favor of the plaintiff on the grounds that there was no evidence that the defendant acted with the knowledge that its conduct violated federal law. Our prior post about the jury verdict can be found here. More after the break.
Contributed by Eric A. Welter.4th Circuit Reverses $10 Million Punitive Damage Verdict
March 8th, 2010Fake Job References
March 8th, 2010As if employers don’t have enough issues today, a new online services company by the name of “CareerExcuse.com” is offering job seekers fake job references and work histories to assist them in finding a job. More after the break.
Contributed by Eric A. Welter.Topless Pregnant Bartender Claims Discrimination?
March 1st, 2010This interesting headline showed up today — “Bartender in Topless Bar Says She Was Discriminated Against for Being Pregnant.” New York is apparently a one-party consent state, so the bartender’s secret tape recordings of her boss telling her that a pregnant topless bartender wasn’t sexy were apparently legal.
Contributed by Eric A. Welter.Fairfax Circuit Court Allows Injury Claim Against Employer
February 19th, 2010In Kyle E. Skopic v. James Wesley Tate, II, et al., the Fairfax Circuit Court held that an employee who was deceased and had no dependants was not covered by workers’ compensation, and so his estate was not barred from bringing a civil action against the employer on his behalf. More after the break.
Contributed by Eric A. Welter.4th Circuit Holds That State Law Does Not Override Title VII Claim
February 15th, 2010In King v. McMillan, the Fourth Circuit held that the Supremacy Clause does not allow state law to override a Title VII claim brought against an individual in his official capacity. More after the break.
EEOC Verdicts and Settlements — January 2010
February 12th, 2010Our update on EEOC verdicts and settlements from January 2010 after the break.
Contributed by Eric A. Welter.EEOC Verdicts and Settlements — December 2009
February 9th, 2010Our update on EEOC verdicts and settlements from December 2009 after the break.
Contributed by Eric A. Welter.Recent Jury Verdicts and Settlements
February 5th, 2010Our lastest summary of recent jury verdicts and settlements after the break. But first, links to articles about jury awards in employment cases and EEOC claims statistics:
Awards in employment law claims – A study shows that the median jury award for employment law claims was $326,000 in 2008, which is an increase of about 60%. The median settlement amount was reported at $90,000. The same study reports that retaliation claims were awarded the most money, and age and disability discrimination claims received higher jury awards than sex and race discrimination claims.
Summary of EEOC claims statistics – This article provides statistics on the increase in EEOC charges from 2007 to 2008, as well as the total amount of money collected by the agency as a result of the charges.
Contributed by Eric A. Welter.A Reminder About Union Organizing Activity
February 1st, 2010In Loparex v. NLRB,, the U.S. Court of Appeals for the Seventh Circuit upheld the NLRB’s decision that Loperex had engaged in unfair labor practices in violation of the NLRA. The decision is a reminder that Section 8(a)(1) offers employees broad protection from employers’ attempts “to interfere with, restrain, or coerce employees in the exercise” of their statutory rights to organize. 29 U.S.C. § 158(a)(1); 29 U.S.C. § 157. More after the break.
Recent Jury Verdicts and Settlements
January 26th, 2010Our most recent update on jury verdicts and settlements (and a couple of interesting stories on post-verdict fall-out) after the break.
Contributed by Eric A. Welter.Tidbits
January 22nd, 2010New and expanded theories of discrimination. More after the break.
Contributed by Eric A. Welter.Largest Jury Verdicts of 2009 in Virginia
January 20th, 2010The largest jury verdicts of 2009 in Virginia include only one employment-related case according to Lawyer’s Weekly. Their list is here. The one case on the list that appears to be employment related is Gross v. Favret, which involved defamation claims against the plaintiffs’ supervisors. News coverage of the verdict is here and here.
Contributed by Eric A. Welter.Top Ten Developments in Employment Law for HR Professionals in Virginia — #1
January 20th, 2010The top ten developments in employment law for HR professionals in Virginia for 2009 continues, in no particular order. Number 1: Lilly Ledbetter Fair Pay Act of 2009. More after the break.
Contributed by Eric A. Welter.Top Ten Developments in Employment Law for HR Professionals in Virginia — #2
January 19th, 2010The top ten developments in employment law for HR professionals in Virginia for 2009 continues, in no particular order. Number 2: Supreme Court holds that ADEA claims are not governed by the Title VII mixed motive standard and imposes a higher burden of proof on ADEA claims. More after the break.
Contributed by Eric A. Welter.Top Ten Developments in Employment Law for HR Professionals in Virginia — #3
January 18th, 2010The top ten developments in employment law for HR professionals in Virginia for 2009 continues, in no particular order. Number 3: the Genetic Information Nondiscrimination Act (“GINA”) of 2008. More after the break.
Contributed by Eric A. Welter.
