What if an employee quits before hearing us out on our response to her reasonable accommodation request? Is my company liable?

No—according to a recent decision of the First Circuit Court of Appeals. EEOC v. Kohl’s Department Store, Inc., No. 14-1268 (1st Cir. Dec. 19, 2014). If an employee quits when she gets a negative response to her request for accommodation and fails to actually participate in the interactive process, the employer does not face liability. […]

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Punitive Damages Allowed in Title VII Case Even Where Only Nominal Damages Awarded

Title VII allows both compensatory and punitive damages and there is a statutory cap that applies, depending upon the size of the employer ($300,000 in the case of employers with more than 500 employees). 42 U.S.C. § 1981a. In a sexual harassment case before the Ninth Circuit, the question was whether punitive damages are available […]

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Court Refuses to Approve Settlement of FLSA Collective Action

One of the unique features of a FLSA action is that any settlement must be approved by the court. At times, this can prove challenging for parties who must not only figure out how to satisfy one another, but how to make sure the court can also get on board with the settlement. In a […]

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Walmart Sanctioned For Destroying Evidence in Title VII Retaliation Case

What happens if a critical piece of evidence has been destroyed—even if allegedly unintentionally and in the course of regular business? In a recent decision out of the Northern District of Georgia in a Title VII and ADEA retaliation case, the court found that the destruction of the evidence created a presumption that the stated […]

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WDVA Rules No Right to Jury Trial in WARN Act Case

The Fourth Circuit Court of Appeals has not weighed in on whether there is a right to a jury trial under the Worker Adjustment and Retraining Notification Act (“WARN”). In a recent case in the Western District of Virginia, Judge James P. Jones ruled that there is no such right either created by statute or […]

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Crenshaw, Ware & Martin attorneys appointed to new board positions.

Elaine Inman Hogan has been appointed to the 2015 Board of Directors for the Hampton Roads Society for Human Resource Management.  She will serve on the board as the Director of Legal Affairs.  Ms. Hogan chairs the Employment Law Practice Group at Crenshaw, Ware & Martin, P.L.C. She represents employers and management in a wide […]

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Supreme Court Rules in Favor of Employer as to What is Compensable Time

In March, we reported that the United States Supreme Court had granted cert in a case involving the question of whether time spent by employees working for Amazon.com in security checks at the end of their shifts was compensable under the Fair Labor Standards Act (“FLSA”). On December 9, the Supreme Court issued its ruling […]

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Former Bank Executive Prevails in Suit Regarding Severance Payment

Last month, Judge Poston of Norfolk Circuit Court ruled that the former President of Shore Bank and Executive Vice President of Operations for Hampton Roads Bankshares, was entitled to $655,495.43 in severance pay, plus interest, despite the defendants’ arguments that they were prohibited from making this type of golden parachute payment as a recipient of […]

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New Rule Prohibits Government Contractors from Discriminating Against Employees Based on Sexual Orientation and Gender Identity

On Wednesday, the Department of Labor announced a new rule aimed at protecting those working for government contractors from discrimination based upon their sexual orientation or gender identity. The new rule implements Executive Order 13672, which was signed by President Obama on July 21, 2014.

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Eleventh Amendment Bars FLSA Claim against Supervisors at Eastern State Hospital Where Actions Inextricably Tied to Official Duties

Earlier this week, the Fourth Circuit directed the district court to dismiss a FLSA claim brought by a nurse against two of her supervisors at Eastern State Hospital, finding that there was no basis for individual liability and sovereign immunity barred the claims. Martin v. Wood, et al., Case No. 13-2283 (4th Cir. Nov. 18, […]

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