Last month, the U.S. District Court in Norfolk granted summary judgment to a defendant employer in an age discrimination lawsuit filed by a 52-year-old ex-manager who had been terminated and replaced by someone half her age. In Masterson v. AAAA Self Storage Mgmt Group (2014), the plaintiff, Ellen Masterson, sued her former employer (“AAAA”) for allegedly violating the Age Discrimination in Employment Act (“ADEA”).  The ADEA, of course, makes it unlawful for any employer “to

The U.S. District Court in Alexandria, VA recently granted summary judgment to a defendant employer in a case concerning the “outside sales exemption” of the Fair Labor Standards Act (FLSA).  In Dixon v. Prospect Mortgage, LLC (No. 1:13-cv-01434), Judge James Cacheris ruled that because the employee spent significant time outside the office each week as part of her sales duties, the exemption applied to her as a matter of law. Prospect Mortgage, LLC (“Prospect”) is a

Business owners and HR managers should be aware that even temporary injuries or conditions may place an employee within the purview of the Americans with Disability Act (“ADA”), as it has been amended. Congress expanded the definition of “disability” in the ADA Amendments Act of 2008 and the Fourth Circuit has just interpreted it to include an employee who has been badly injured in an accident and asks for an accommodation to work remotely. In

In today’s economy, litigants in divorce cases are just as likely to be fighting over shared debts as shared assets.  As a result, many divorcing parties smartly settle cases quickly, rather than driving themselves further into debt with additional attorney’s fees.  In fact, settling rather than litigating a case can be a wise financial decision for any individual or business, even outside the family law context.  This is not to say there is not a

No, not unless it specifically says so, according to a recent decision by the U.S. Court of Appeals for the Fourth Circuit.  In that case, the Fourth Circuit ruled that Virginia non-compete law generally presumes that expiration differs from termination, and thus a post-termination restriction like a non-competition clause must specify if expiration is a triggering event. In Hamden v. Total Car Franchising Corporation, No. 12-2085 (4th Cir. Nov. 22, 2013), the Fourth Circuit reviewed