Archive for March, 2010

DOT Moves To Ban Texting By Commercial Drivers

Wednesday, March 31st, 2010

The U.S. Department of Transportation has issued a proposed rule to ban texting by commercial drivers of buses and trucks.  The rule would make permanent a DOT interpretation announced in January 2010 banning such activity.  Violations of the new regulation can result in civil and criminal penalties.  Today’s story is here.  The DOT press release is here.  More after the break. 

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Contributed by Eric A. Welter.

Recent Jury Verdicts and Settlements

Monday, March 29th, 2010

Our latest update on jury verdicts and settlements after the break.

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Contributed by Eric A. Welter.

Company Awarded Damages in Noncompete Case in Fairfax County

Friday, March 26th, 2010

A Fairfax Circuit Court held that a former shareholder and director of a car dealership was liable to the company for violating his non-compete agreement and starting a similar business, as well as for soliciting another company employee to work for him.  More after the break.

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Contributed by Eric A. Welter.

$600,000 Verdict in False Imprisonment Case in Fairfax County

Thursday, March 25th, 2010

A Fairfax jury recently awarded a former Interstate Van Lines truck driver nearly $600,000 in a false imprisonment and malicious prosecution suit.  More after the break.

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Contributed by Eric A. Welter.

Administration Considers Controversial High Road Contracting Policy

Tuesday, March 23rd, 2010

The Obama Administration is considering implementing new rules on how government contracts are awarded that would take the contractor’s labor practices into consideration when evaluating proposals.  More after the break.

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Contributed by Eric A. Welter.

Recent Jury Verdicts and Settlements

Tuesday, March 23rd, 2010

Our latest update on recent jury verdicts and settlements after the break.  Of particular interest is the final story on the Crawford case, which resulted in a plaintiff’s verdict on remand from the U.S. Supreme Court.

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Contributed by Eric A. Welter.

DOL Releases Rule on H-2A Agricultural Visas

Friday, March 19th, 2010

The U.S. Department of Labor’s Employment and Training Administration and Wage and Hour Division published its final rule implementing changes to the H-2A Agricultural guestworker program.  The final rule became effective March 15, 2010.  More after the break.

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Contributed by Eric A. Welter.

Adverse Verdict In Retaliation Case Is A Grim Reminder For Employers

Friday, March 12th, 2010

A recent decision by the U.S. Court of Appeals for the Ninth Circuit affirming a jury’s findings that several discriminatory statements made by supervisors, some of which were reported to a human resources representative, were sufficient evidence that the employee was fired in retaliation for his complaints is worth reading as a reminder that employers must properly investigate, respond to, and document all complaints of discrimination in the workplace.  The case was originally brought by the EEOC as a discrimination and retaliation case, but the jury only returned a verdict in favor of the plaintiff on the retaliation claim.  More after the break.

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Contributed by Eric A. Welter.

4th Circuit Reverses $10 Million Punitive Damage Verdict

Monday, March 8th, 2010

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.

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Contributed by Eric A. Welter.

Fake Job References

Monday, March 8th, 2010

As 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.

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Contributed by Eric A. Welter.

Topless Pregnant Bartender Claims Discrimination?

Monday, March 1st, 2010

This 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.