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SNOW DAY! Do you have to pay exempt employees?

Posted on February 14, 2014

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

Posted on February 7, 2014

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

Posted on January 31, 2014

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

Posted on January 24, 2014

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”

Posted on January 15, 2014

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

Posted on January 8, 2014

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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