Oftentimes, courts construe the Fair Labor Standards Act and the Family Medical Leave Act (“FMLA”) in the employee’s favor, much to the disappointment of employers.  However, the Ninth Circuit Court of Appeals recently refused an invitation by a plaintiff-employee to overlook his technical noncompliance with the FMLA’s notice provision and it affirmed judgment in favor of the employer.  Walls v. Central Contra Costa Transit, No. 10-15967 (9th Cir. Aug. 3, 2011). In that case, the employee was a

In a recent decision that strengthened contractual freedom in the employment arena, the Virginia Supreme Court held that a partially-performed employment contract was not enforceable after the employee tried to renegotiate it.  This decision, Bennett v. Sage Payment Solutions, Inc., affirms the Fairfax County Circuit Court judgment, which upheld a jury verdict finding that the employee repudiated the contract four months into its year-long term. The case involved an executive, Robert Bennett, who was promoted to

It is infrequent that a losing plaintiff in a racial discrimination case is ordered to pay the legal fees incurred by the defendant, but it is an ever-present risk for plaintiffs who proceed to trial with very weak evidence of discrimination.  Forcing the plaintiff to pay the fees of the defendant is rare because it is typically limited to egregious circumstances.  However, a judge in the Eastern District of Virginia recently found the plaintiff’s continued

Low-value claims by employees against their former employers under the Fair Labor Standards Act (“FLSA”) are sometimes more about the attorney’s fees for the employee’s lawyer and less about compensating the employee for the alleged injury.  Consider, for example, an FLSA claim asserted by a former employee seeking unpaid wages or overtime compensation in an amount less than $1,000.  If there is a significant risk that the employer may be found liable for that amount

Under the Family and Medical Leave Act of 1993 (FMLA, or the “Act”), eligible employees are entitled to take up to 12 weeks of unpaid leave during any 12-month period, without fear of losing their job.  If an employer violates its employee’s FMLA rights, the employee can usually sue the employer in federal court to recover monetary damages (including lost wages & benefits, liquidated damages, and possibly attorneys’ fees).  See 29 U.S.C. § 2617; 29 C.F.R. §825.400(c).