Monthly Archives: August 2008

Recent Jury Verdicts and Settlements

Some recent jury verdicts and settlements after the jump.

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4th Circuit Sends FMLA Case Back For Trial

In an unpublished decision dated August 15, 2008, the U.S. Court of Appeals reversed the award of summary judgment to an employer in an FMLA case.  The decision in Krenzke v. Alexandria Motors Cars is here.  The case provides a good … Continue reading

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OFCCP Issues Interim Guidance On EEO-1 Report

The OFCCP has issued an interim guidance on EEO-1 reports and affirmative action plans for government contractors.  The guidance is here.  The guidance is intended to address the fact that the new EEO-1 form has different classifications than those required … Continue reading

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Ex Parte Communications With Former Employees

Magistrate Judge Michael Urbanski of the U.S. District Court for the Western District of Virginia recently issued an opinion holding that ex parte communications between the plaintiff’s attorney and the former human relations manager of the defendant were ethically proper … Continue reading

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Western District of Virginia Denies Motion To Dismiss Noncompete-Related Claims

In a memorandum opinion issued on August 12, 2008, the U.S. District Court for the Western District of Virginia denied an individual’s motion to dismiss a case filed against him involving his resignation and acceptance of a position with a … Continue reading

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New Whistleblower Claim In Consumer Protection Act

The Consumer Product Safety Act has been amended to include a whistleblower retaliation provision.  The Consumer Product Safety Improvement Act of 2008 was signed into law by President Bush on August 14, 2008.

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Study Suggests Plaintiffs Do Better By Settling Than Going To Trial

The New York Time reports that a soon-to-be-released study suggests that plaintiffs who settle cases before trial are better off than those that choose to go to trial.  The story is here.  The Ohio Employment Lawyer’s Blog has a post … Continue reading

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Attorneys’ Fee Award In Roanoke Harassment Case Exceeds Damages

In an update to our earlier post on a sexual harassment jury verdict against the sheriff’s department in Roanoke (here), Roanoke.com is reporting that the U.S. Magistrate Judge assigned to the case has entered an order awarding over $211,000 in attorneys’ … Continue reading

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4th Circuit Issues Sarbanes-Oxley Whistleblower Decision

For those interested in the specialized area of Sarbanes-Oxley (“SOX”) whistleblower claims, the U.S. Court of Appeals for the Fourth Circuit issued an opinion dated August 5, 2008, affirming the finding of the Administrative Review Board that the petitioner’s termination … Continue reading

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Recent Jury Verdicts And Settlements

It has been a couple of weeks since we reported on jury verdicts and settlements, so there are a number of them to report.

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New DOL Opinion Letters

The Department of Labor’s Wage and Hour Division recently posted two new Administrator signed FLSA Opinion Letters and five new Non-Administrator signed FLSA Opinion Letters.  The letters are described below.

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Employers Attempt To Limit Time To File Claims In Applications

A story in the ABA Journal news section recently briefly discusses employers attempting to limit the time to file claims in their job applications.  There is also a story on Law.com on the same topic.  Why is there a renewed … Continue reading

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