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A recent 4th Circuit decision opens up claims of employer liability for failing to prevent customer harassment of an employee.  Finding that a negligence standard applies to such claims, the 4th Circuit held that the employer may have behaved negligently even though it took remedial measures shortly after major incidents of harassment occurred.  The 4th Circuit found that the employer’s alleged failure to react to earlier incidents created a jury question as to whether the…

While traditionally the answer is “no,” a recent Federal Court of Appeals decision suggests that, in some circumstances, the answer is now “yes.” Telecommuting appeared as a workplace phenomenon in the 1970s, primarily to reduce fuel consumption during the OPEC oil embargo.  Since then, the federal government has implemented telecommuting plans and policies for environmental and traffic reduction purposes.  Many larger companies, particularly in the technology sector, have also permitted employees to telecommute where practical. 

The Western District of Virginia Federal Court recently ruled that an employee cannot bring class-action employment and benefits claims against his employer when he previously agreed to arbitrate them.  Reinforcing recent federal decisions favoring employment arbitration, the Court stayed the employee’s claims concerning his layoff pending arbitration.  The decision is Green v. Zachry Industrial, Inc., Civil Action No. 7:11CV00405 (W.D. Va. Mar. 25, 2014). The employee worked for Zachry Industrial, Inc., a construction and industrial

A recent federal court decision in the Eastern District of Virginia dismissed an employee’s overtime claim at summary judgment because the employer proved that it relied upon the employee’s own unaltered timesheets in paying the employee.  In the case of Hughes-Smith v. Crown Linen Services, Inc., Civil Action No. 1:13-cv-1048 (E.D. Va. Mar. 5, 2014),  an employee sued her employer alleging that she consistently worked through her ½  hour lunch period but was not paid