No Adverse Employment Action = No Claim for Retaliation

Where employee voluntarily quit her job at a restaurant in anticipation of a transfer to a different location that never came to fruition, she has not suffered an adverse employment action and thus has no claim for retaliation.   Last week, in Andrews v. CBOCS West, Inc., et al., No. 12-3339 (7th Cir. 2014), the Seventh […]

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SNOW DAY! Do you have to pay exempt employees?

Even here in Hampton Roads, where we rarely see much snow at all, we have had to confront the various issues that can arise in the workplace during a snowstorm.  Do we close the office? What do we do if we remain open, yet an employee doesn’t come in?  The Department of Labor issued an […]

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Outside Sales Exemption Applies to Mortgage Loan Officer

Exemptions under the Fair Labor Standards Act (“FLSA”) continue to be the source of much litigation in our district and across the country.   Last month, the Eastern District of Virginia tackled the outside salesperson exemption and found that a mortgage loan officer qualified for the exemption, even though she spent only about 25-30% of time […]

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A Sufficiently Severe Temporary Impairment May Constitute a Disability

There is no question that the ADA Amendments Act of 2008 (“ADAAA”) broadened the meaning of “disability and provide employees even greater protection under the ADA. However, there remain some areas of uncertainty with regard to this new, broader definition. One such question was how the permanence of an impairment (or lack thereof) would affect […]

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A Reminder That Employees May Have to Pay for Bringing Unsuccessful Discrimination Claims

We all know that Rule 54 of the Federal Rules of Civil Procedure provides that a prevailing party is entitled to costs (not including attorneys’ fees) unless a federal statute, the rules themselves, or a court order provides otherwise. The district court has the discretion to deny the award of costs, but must articulate some […]

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Retaliation Claims–Beware the Trickle-Down Effect of the “Wishes of the King”

Generally speaking, when an employee clearly violates established policy, employers feel pretty comfortable terminating that employee, regardless of his past complaints of discrimination or about overtime, particularly where other employees have been fired for violating the same policy.  Not so fast, warns the First Circuit in Travers v. Flight Services & Systems, Inc., 2013 U.S. […]

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It Isn’t All About the Ultimate Decisionmaker—Fourth Circuit Vacates Summary Judgment in Favor of Employer in ADEA Case

As employers, we often focus on what knowledge was in the hands of the ultimate decisionmaker at the time a crucial employment decision is made.  However, as the Fourth Circuit reminds us in its decision in Harris v. Powhatan County School Board, No. 12-2091, the knowledge and intent of those who have the power and […]

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Norfolk Botanical Gardens kicks off New Year with “Garden 2014 Fun Run”

On New Year’s Day, hundreds of runners and their families enjoyed 2.014 miles of spectacular light displays throughout the Norfolk Botanical Garden while kicking off the new year in a fun and healthy way.  The Garden 2.014 Fun Run was a brand new fundraising event for Norfolk Botanical Garden. Ryan Snow, who serves on the […]

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Crenshaw, Ware & Martin receives Tier 2 ranking by U.S. News and Best Lawyers

U.S. News Media Group and Best Lawyers have released the 2014 “Best Law Firms” rankings, providing a comprehensive view of the U.S. legal profession.  Crenshaw, Ware & Martin, P.L.C. is proud to announce that the firm received a Tier 2 Metropolitan Ranking in Bankruptcy & Creditor/Debtor Rights/Insolvency and Reorganization Law; Litigation – Bankruptcy Litigation – […]

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CWM wins $537,000 judgment under successor liability theory

CWM attorneys Ryan Snow and David Hartnett won a $537,000 judgment after trial in Chesterfield Circuit Court against two companies in a case of successor liability.  The defendant companies had acquired the assets of a construction company against which CWM already obtained judgment.  Mr. Snow and Mr. Hartnett successfully proved that the purpose of the […]

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