Conventional wisdom says no, but recent legal decisions suggest that it may be possible if the settlement is in good faith. (These decisions have analyzed the terms of the Fair Labor Standards Act (FLSA or Act) that prevent an employee from waiving rights under the Act.) Traditionally, courts have held that, even if employer and employee want to settle an overtime claim for an agreed amount, the parties must still obtain approval of the settlement
When two consulting firms believed that documents containing confidential information were improperly within a high-level consultant’s possession, they authorized the destruction of the documents and terminated the consultant. The consultant sued the companies in Maryland Federal Court for terminating him without cause in breach of the parties’ contract. He also moved for sanctions against the companies, arguing that the companies had wrongfully destroyed evidence when litigation was reasonably foreseeable. The Court agreed to sanction the
Question: I was charged with DUI and Refusal. Is Virginia’s Refusal law constitutional? I never affirmatively agreed to a breath test — Virginia just “implied” my consent and now I’m being punished for revoking a consent I never actually made. Since when can one impliedly waive a constitutional right? Answer: The United State Supreme Court recently held that it is unconstitutional for demand a blood sample from one arrested of DUI (drunk driving) without a
No place is a good place for a robbery. However, Diavonte Barlow, may have picked the absolute worst place — right in front of the Arlington County Jail! According to Arlington police, Mr. Barlow asked a passerby for money. When the victim said he didn’t have any, Mr. Barlow allegedly ran after the man and hit him in the face. He was arrested and charged with Attempted Robbery and Assault and Battery. Question: How does
A person usually cannot withdraw his guilty plea absent a very good reason. As a recent case shows, the fact that a judge rejects a sentencing recommendation embedded in a plea bargain is not a “good reason.” This case is a good illustration of the fact that there are different forms of plea agreements — ones that are binding on a court and ones that are not. Defendants should definitely understand and appreciate the differences.