Tag Archives: Virginia

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

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May 2014 EEOC Verdicts and Settlements

A summary of recent EEOC verdicts and settlements.

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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.

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In an unpublished decision, the U.S. Court of Appeals for the Fourth Circuit determined that restrictive covenants do not necessarily apply to former franchisees who choose not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

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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.

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SOX Claimants May Be Entitled To Front Pay

In a recent memorandum opinion, the Eastern District of Virginia found that plaintiffs raising retaliation claims under the Sarbanes-Oxley Act (“SOX”) are entitled to front pay, provided they present enough data to calculate a reasonably certain front pay award.  This … Continue reading

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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

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EEOC Verdicts and Settlements — October 2013

Our October summary of EEOC verdicts and settlements is after the break.

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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

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Horseplay Doctrine Alive And Well In Virginia

In Simms v. Ruby Tuesday, Inc., Record No. 0091762 (January 13, 2011) the Supreme Court of Virginia considered the issue of whether the actual risk test analysis articulated in Hilton v. Martin, 275 Va. 176, 654 S.E.2d 572 (2008) materially … Continue reading

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Virginia Circuit Court Strikes Down Noncompete As “Inherently Overbroad”

A Virginia Beach Circuit Court struck down a noncompete agreement entered into between a medical company and a nurse practitioner who left the company to start her own clinic.  The company filed suit to enforce the noncompetition and nonsolicitation clause … Continue reading

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Virginia Supreme Court Grants Writ In Noncompete Case

The Virginia Supreme Court has granted a writ of appeal in a noncompete case involving a pest control company.  The order granting the appeal with the questions presented is here.

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Former Broker Enjoined From Using Fidelity’s Customer Lists

The U.S. District Court for the Eastern District of Virginia recently issued a temporary restraining order (TRO) preventing a former broker for Fidelity Global Brokerage Group, Inc. from using Fidelity’s proprietary customer information to solicit its customers for his new employer, … Continue reading

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Comments About “21st Century Skills” May Be Construed As Evidence Of Age Bias

The U.S. District Court for the Eastern District of Virginia recently denied an employer’s motion for summary judgment in an age discrimination case based on comments by the decision maker about employees needing “21st Century Skills.”  The case is set for … Continue reading

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Eastern District Rules on Attorneys’ Fees in FLSA Case

In 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.

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