The United States Court of Appeals for the Fourth Circuit recently ruled that the Prince William County School Board did not violate the Uniformed Services Employment and Reemployment Rights Act (“USERRA”) when it fired a teacher who had returned from a four-year deployment to Kuwait. Butts v. Prince William County School Board, et. al., No. […]
Virginia Employment Law
Federal Judge Declares Ending Light Duty Assignment to be Adverse Action
In Cobbs v First Transit Co. et. al., Case No. 6:16-cv-00015 (W.D. Va. Dec. 16, 2016), a federal judge in Lynchburg, Virginia ruled that a bus company took an adverse employment action against an employee by ending her light duty assignment. In so holding, the court ruled that an employee had pled a cause of […]
Court Affirms Dismissal of Vacationing Employee’s FMLA Claim
On October 31st, the United States Court of Appeals for the Fourth Circuit affirmed a Virginia federal court’s dismissal of an airline employee’s FMLA retaliation claim. The case arose when United Airlines fired the employee for using intermittent FMLA leave to excuse his failure to work the one shift he was scheduled to work during […]
Court Enforces Hair Club Non-Compete
A federal court in Alexandria, Virginia enforced a non-compete clause against a former employee of Hair Club for Men in Tysons Corner who stole 25 clients and set up a competing hair replacement business. Hair Club for Men, LLC v. Ehson, et. al., No. 1:16-cv-236 (E.D.Va. Aug. 31, 2016). However, the Court found Hair Club’s […]
Virginia Supreme Court Strikes Punitive Damage Award
On September 8, 2016, the Supreme Court of Virginia ruled that an employee who sues his employer for retaliatory discharge under Code §40.1-51.2:1 after making a health or safety complaint is not entitled to an award of punitive damages. Property Damage Specialists Inc. v. Rechichar. The Court reversed the judgment of the Circuit Court for […]
EEOC Rules That “Don’t Tread On Me” Hat Might Be Racially Offensive
By Eric Paltell on August 4, 2016 in Agency Activity, Employment Discrimination, Virginia Employment Law
According to an article in the Washington Post, the Equal Employment Opportunity Commission has ruled that an employee may create a racially hostile work environment by wearing a hat depicting the “Gasden Flag” (a coiled rattlesnake and the phrase “Don’t Tread On Me”). Sheldon D. v. Brennan, 2016 WL 3361228. The Gasden Flag, which gained […]
Virginia Employer Not Liable for Employee’s Sexual Assaults
A federal court in Virginia held that an employer is not liable for a female employee’s sexual assault by a male co-worker. Applying the doctrine of respondent superior, the Court held that the male employee was not acting within the scope of his employment when the assault occurred. Clehm v. BAE Sys. Ordnance, Inc. , […]
“I Quit” – Well, Not Really …
Many of us who have worked for someone other than themselves have fantasized about walking in to the office one day, handing our boss a letter of resignation, and then walking out the door (with the lyrics of The Who’s “I’m Free” playing in our heads). Some of us may have even taken the fantasy one step […]
Fourth Circuit Finds Fire Captains Eligible for Overtime
By Eric Paltell on June 23, 2016 in Public Sector Employment Law, Virginia Employment Law, Wage & Hour
In a case with potentially far-reaching implications for fire departments in Virginia, Maryland, the Carolinas, and West Virginia, the United States Court of Appeals for the Fourth Circuit ruled that Fairfax County, Virginia fire captains are non-exempt employees entitled to overtime compensation. Morrison v. County of Fairfax, No. 14-2308 (June 21, 2016). The Court reversed […]
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