Virginia Employer Not Liable for Employee's Sexual Assaults

Eric Paltell
Eric Paltell
07/29/2016
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. , W.D. Va. No. 16-0012 (July 22, 2016). The case arose when BAE employee Carla Clehm alleged that a male co-worker "slammed her...
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Fourth Circuit Finds Fire Captains Eligible for Overtime

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 a grant of summary judgment in favor of the County and granted summary...
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