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The Fourth Circuit Holds that Athletic Coaches are Volunteers and not Entitled to Overtime Pay
The U.S. Court of Appeals for the Fourth Circuit recently held that a school safety officer who also served as a golf coach for a public high school’s golf team is a volunteer and not entitled to overtime pay under… -
Publicly Available Software Code Can Be a Trade Secret if Compilation is Not Generally Known
A recent Fourth Circuit opinion analyzed when a software compilation can qualify for protection as a trade secret. The plaintiff company claimed that although its software used publicly-available mathematical formulas, the combination and implementation of these formulas contained in the… -
Fourth Circuit Holds that Employer May be Liable for Harassment of Employee by Employer’s Client
In EEOC v. Cromer Food Services Inc., 2011 U.S. App. LEXIS 4279 (4th Cir. March 3, 2011), found here, a recent unpublished opinion by the U.S. Court of Appeals for the Fourth Circuit, it was decided that …
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Fourth Circuit Holds that Employer May be Liable for Harassment of Employee by Employer’s Client
In EEOC v. Cromer Food Services Inc., 2011 U.S. App. LEXIS 4279 (4th Cir. March 3, 2011), found here, a recent unpublished opinion by the U.S. Court of Appeals for the Fourth Circuit, it was decided that an employer may …
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Court Holds that Offering Different Severance Packages to Employees Does Not Constitute Disparate Treatment Under Title VII
n a recent opinion, the U.S. District Court for the Eastern District of Virginia describes the critical difference between an employment action that is adverse and one that is not in a case involving disparate severance packages. The central determination …
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A King Cake Leads to a Court Clarifying the Definition of “Employee” under the ADA and the Civil Rights Act of 1991
Showing up to work with a Mardi Gras King Cake, which for some is a symbol of Christian faith, and sending an email to coworkers about its religious significance can have bigger consequences than one may think. That was the …
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Non-Competes Barring Passive Investments May Render the Non-Compete Unenforceable
Recently, a Virginia Circuit Court Judge in Virginia Beach, Virginia held that a non-competition agreement was overbroad and unenforceable because the non-compete barred indirect involvement by the employee as a shareholder in potentially non-competing businesses. In Richmond Medical Group, LLC … -
Press Releases Can Cause Waiver of Work Product
Statements made in a press release, if based on attorney work product information, may waive work product as to the subject matter of the statements. In E.I. DuPont de Nemours and Company v. Kolon Industries, Inc. (E.D. Va. July 30,… -
Supreme Court Rules That Government Employers May Review Employee Cell Phone Records
The Supreme Court ruled that public sector employers do not need to obtain a search warrant in order to review employee text messages sent by government issued cell phones. Although this case is most directly applicable to public sector employees,… -
A Misrepresentation Made During a Contract Performance May Not Constitute Fraud
In a newly released opinion, the Virginia Supreme Court reaffirmed the Virginia rule that a fraud claim cannot be based upon one contracting party’s false statements to another contracting party in absence of an independent common law duty. The opinion …
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