Posts in: Employment Law
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The United States Court of Appeals for the Fourth Circuit re-affirmed the importance of employers promptly undertaking remedial measures calculated to eliminate discrimination in order to insulate themselves from liability under Title VII discrimination cases. In this case, the EEOC…
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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… -
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 LEXIS 4279 (4th Cir. March 3, 2011), found here, a recent unpublished opinion by the U.S. Court of Appeals for the Fourth Circuit, it was decided that …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 LEXIS 4279 (4th Cir. March 3, 2011), found here, a recent unpublished opinion by the U.S. Court of Appeals for the Fourth Circuit, it was decided that an employer may …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 … -
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,… -
United States Supreme Court Weighs Whether Courts or Arbitration Panels Should Decide Whether Employment Agreements Are Subject To Arbitration
A case with significant implications affecting the enforcement of arbitration provisions in employment agreements is currently being weighed by the U.S. Supreme Court.
The United States Supreme Court recently held oral arguments in Rent-A-Center West, Inc. v. Jackson, No. 09-497 …
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Choice of Law Provisions May Allow Virginia Courts to “Blue Pencil” Non-Competition Agreements
A ruling by a federal district court judge in the United States District Court for the Eastern District of Virginia may provide a basis to “blue pencil” noncompetition agreements in Virginia. ”Blue penciling” allows a judge to modify an overly-broad …