Category Archives: Virginia

Virginia Tightens Enforcement Pertaining to Employee Misclassification

As the repercussions of the California Labor Commission’s June 2015 ruling in Uber v. Berwick that an Uber driver was an employee and not an independent contractor continue to unfold, state legislatures and agencies are continuing to drive a renewed … Continue reading

Posted in Employee Classification, Government Contractors, Independent Contractors, Virginia | Tagged | Leave a comment

Class Action Highlights FCRA Compliance Issues

The Eastern District of Virginia recently certified two related classes in a case involving alleged violations of the Fair Credit Reporting Act (“FCRA”).  The claims were raised by former applicants alleging that the defendant company violated both the notice and … Continue reading

Posted in Class Actions, Virginia | Tagged , , , | Leave a comment

Business Owners Must Warn and Protect Customers from Imminent Harm

A Virginia court has denied Abercrombie & Fitch Stores, Inc.’s motion to dismiss a suit for negligence based on the store’s failure to warn and protect an underage customer from an attack that occurred in the store’s dressing room.

Posted in Virginia | Tagged , | Leave a comment

4th Circuit Analyzes Franchise Non-Compete Agreement

In an unpublished decision, the U.S. Court of Appeals for the Fourth Circuit determined that restrictive covenants do not necessarily apply to former franchisees who choose not to renew the franchise agreement.

Posted in 4th Circuit, Virginia | Tagged , | Leave a comment

Terry McAuliffe’s First Executive Order Prohibits LGBT Discrimination For All State Employees

As his first official act as Virginia’s new governor, Terry McAuliffe signed Executive Order #1 prohibiting discrimination against state employees or applicants for state positions based on sexual orientation.

Posted in Discrimination, Virginia | Tagged , | Leave a comment

Court Slashes Fee Award Where Plaintiff Achieved Minor Victory

Attorneys’ fee awards are often a significant factor in employment litigation.  If an employee-plaintiff prevails after trial, she is entitled to recover her attorneys’ fees and court costs as part of the judgment against the employer.  The U.S. Court of Appeals … Continue reading

Posted in 4th Circuit, Virginia | Tagged , | Leave a comment

Plaintiff In Northern Virginia Wins $1.2 M On Retaliation Claim

In a recent bench trial before the U.S. District Court for the Eastern District of Virginia, an employment plaintiff prevailed on a retaliation claim under Title VII and was awarded $1.2 million by the judge. A copy of the final … Continue reading

Posted in Retaliation, Sexual harassment, Virginia | Tagged , , , , | Comments Off on Plaintiff In Northern Virginia Wins $1.2 M On Retaliation Claim

Virginia Again Best State For Business

Virginia is again ranked #1 in Forbes Best States for Business.  (Washington Business Journal has the story here.)  The state also reports a 15% growth in film business in the state.  The state is credited with “business-friendly government policies,” which certainly … Continue reading

Posted in Virginia | Leave a comment

Tide Shifts In Virginia On Noncompete Agreements

A recent decision by the Supreme Court of Virginia marks a dramatic shift in the way covenants not to compete will be litigated in the Commonwealth.  Employees now face a more difficult road when contesting restrictive covenants, even though the … Continue reading

Posted in Noncompete Agreements, Virginia | 2 Comments

Receiving FMLA Benefits is Not Enough; You Have to Ask for Them

It is not enough to have a condition providing benefits under the FMLA.  In the Western District of Virginia, employees must ask for their leave benefits, or they cannot bring an FMLA interference claim. More after the break.

Posted in ADA, FMLA, Virginia | Leave a comment

Virginia Supreme Court Finds that Former Employees Must Prove Their Entitlement to Bonuses

On June 28, 2013, the Supreme Court of Virginia affirmed a decision requiring former employees seeking earned bonuses from their former employers to prove all conditions precedent in their contract before the employer must pay the bonus. More after the … Continue reading

Posted in Virginia | Leave a comment

Changes in the Virginia Rules of Evidence as of July 1, 2013

Virginia continues to be a commonwealth of unique legal tradition. Until 2012, Virginia had no rules of evidence applicable to all legal actions. In further refinement of those newly instituted rules, the Supreme Court of Virginia recently approved and implemented … Continue reading

Posted in Virginia | Leave a comment

Truck Driver Held to Be Workers’ Compensation Act Statutory Employee in Personal Injury Case

A truck driver employed by Swift Transportation Company of Arizona, LLC, was found to be a statutory employee of Sears Logistics Services, Inc. under the Virginia Workers’ Compensation Act. Consequently, he was not able to maintain his lawsuit against Sears … Continue reading

Posted in Virginia, Workers Comp | Leave a comment

Disingenuous Conduct by Insurance Plan Administrator Warrants $63,600 Attorney’s Fees Award

For eight years, E.I. DuPont De Nemours & Company avoided paying death benefits to Michael Bryner for the death of his wife Lorraine. DuPont claimed that Mrs. Bryner’s death was not solely caused by an overdose of gout medication, and, … Continue reading

Posted in ERISA, Virginia | Leave a comment

Virginia Tech Liable for Retaliation against Female Fundraiser for Reports of Sex Discrimination, but Not for Equal Pay Act Claims

The case of Maron v. Virginia Polytechnic Institute and State University highlights the need for anti-discrimination education in the organization even in the modern age. In 2007, a female fundraiser at Virginia Tech was told, while interviewing for a promotion, … Continue reading

Posted in Discrimination, Virginia | Leave a comment