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Sometimes, business growth is not a good thing . . . Title VII of the Civil Rights Act of 1991 (Title VII), the federal law barring employment discrimination, places caps on certain types of employee damages based on employer size.  This creates uncertainty for employers because a company that grows or shrinks in size could be subject to much higher or lower caps based on when its size is determined.  Addressing this uncertainty, the First…

A former employee appears to be trading on her inside knowledge to the detriment of a company.  It appears that the common law “duty of loyalty” will not protect the company.  This case is a lesson for employers – have employees who have access to confidential information sign non-disclosure and non-compete agreements.  A current case in the Federal District Court for Maryland is testing the strength of an employee’s duty of loyalty to a former

In Okoli v. City of Baltimore, the Fourth Circuit handed down a relatively rare decision last week overruling a district court’s grant of summary judgment for the employer.  While a decision favoring the employee over the employer is a relatively rare occurrence in the Fourth Circuit, on its face the decision does not seem very surprising because the facts seem clearly in favor of the employee.  But a side-by-side comparison of the Court of Appeals’ decision with

In Lewis-Gale Medical Center, LLC v. Alldredge, the Supreme Court of Virginia recently refused to broaden the range of circumstances under which a plaintiff could successfully assert a tortuous interference with contract claim.  The case involved a physician who was an employee of a physician staffing service under contract with a hospital to provide physician staffing.  After the hospital suspected the physician of encouraging labor unrest among the nursing staff, the hospital complained to the staffing service

Wage and hour law violations have become a significant stumbling block for local companies in recent years.  There is no doubt that courts have seen an increase in litigation based on employers misclassifying or miscalculating employees’ wages under the Fair Labor Standards Act (“FLSA”).  In the recent case of Jin v. Any Floors, Inc., et al., Civ. No. 1:10-cv-1201 (E.D. Va. Mar. 5, 2012), the Federal Court in the Eastern District of Virginia gave insight into