If you make your employees take their clothes off, you have to pay them. Except at lunch.

Perez et al. v. Mountaire Farms, Inc., et al., No. 09-1917, 2011 4th Cir. LEXIS 11547 (June 7, 2011). Luisa Perez brought this collective action lawsuit on behalf of herself and others employed by Mountaire Farms, Inc. She brought this action under the Fair Labor Standards Act (“FLSA”) to recover lost wages and liquidated damages. […]

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Sometimes, if you want it done wrong, you have to do it yourself.

Ze-Ze v. Kaiser Permanente Mid-Atlantic States Regions, Inc., Civil Action No. 1:10cv959 (E.D.Va. January 28, 2011). Marie N. Ze-Ze worked as a clinical assistant at a clinic operated by Kaiser Permanente Mid-Atlantic States Regions, Inc. (“Kaiser”), from early 1989 through February 20, 2008. Ze-Ze is a native of Cameroon, Africa, and was infected with hepatitis […]

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You can’t hide behind a cat’s paw.

Staub v. Proctor Hospital, 559 U.S. ___ (2011). At issue in this U.S. Supreme Court case was the extent to which an employer may be held liable for employment discrimination when the discriminating employee influences, but does not make, the ultimate adverse employment decision. Vincent Staub worked at Proctor Hospital as an angiography technician. Staub was […]

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If you file a frivolous lawsuit, you might have to pay the other side’s fees.

Judith Basinger v. Hancock, Daniel, Johnson & Nagle, P.C. Civil Action No. 1:10cv666 (E.D. Va. Dec. 23, 2010). In this Memorandum Opinion the Court considered the defendant’s motion for award of attorney’s fees and costs, after it had already dismissed all of the Plaintiff’s claims on summary judgment. The award sought was substantial—$25,650.00 in fees and […]

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You are protected when you assert your rights. (Some restrictions apply. Employees and their families may not be eligible.)

Session v. Anderson, et al., Civil Action No. 7:09cv138 (W.D. Va. June 21, 2010). Session, an African-American woman, was employed by the Montgomery County Public Schools since 1977, when she began as a Social Studies teacher. From 1977 through 2004, she was given only excellent evaluations. In September of 2004, Session was promoted to a […]

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It’s always easier if you don’t wait until the last minute.

Blackwell v. General Dynamics Land Systems, Inc., Civil Action No. 1:10cv110 (E.D. Va. June 28, 2010). Blackwell, a white male, was hired by General Dynamics Land Systems, Inc., in June 2004 as a Senior Security Representative in its Prince William County location. From the date he was hired until January 2006, Blackwell was considered a good […]

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When your employees ask you to stop talking about sex, please, just stop.

Colie, et al. v. Carter Bank & Trust, Inc., Civil Action No. 3:09-cv-00086-nkm-bwc (W.D. Va. May 19, 2010). The Plaintiffs, three women named Colie, Collins, and Jeffries, filed a complaint alleging sexual harassment and retaliation in violation of Title VII of the Civil Rights Act of 1964 against the Defendant, Carter Bank & Trust, Inc. The […]

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If you can make someone work on Superbowl Sunday, then you may be a supervisor.

Whitten v. Fred’s Inc., No. 09-1265, ___ F.3d ___ (4th Cir. April 1, 2010, amended by order April 26, 2010). [Note: Ordinarily, we do not cover decisions that originate outside of Virginia, but the Fourth Circuit’s decision in this case represents a departure from its prior holdings and will have an effect of cases that […]

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You can’t prove your case with conjecture.

Jones v. Sternheimer Bros., Inc., et al., No. 09-2375 (4th Cir., April 22, 2010) (unpublished). The plaintiff, Jones, sued his employer and contended that his employer had denied him training because of his age, in violation of the Age Discrimination in Employment Act (“ADEA”). The ADEA provides a civil cause of action for employees who are discriminated […]

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Your overtime claim is everybody’s business.

Poulin v. General Dynamics Shared Resources, Inc., Civil Action No. 3:09-cv-58 (W.D.Va. March 26, 2010). The plaintiff in this case alleged that from 1982 to the present, his employer had failed to pay him overtime as required by the Fair Labor Standards Act (“FLSA”). Among other things, the FLSA provides that an employee cannot release […]

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