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In a recent decision, the Federal Court of Appeals for the Fourth Circuit upheld a contract forcing a gas station owner to buy his gas from a certain oil company, despite the similarity of the agreement to an oft-unenforceable employment non-compete.  In so holding, the Fourth Circuit distinguished between business owner restrictive purchase agreements and employee restrictive covenants, finding the former easier to enforce than the latter.   The case is BP Products N.A., Inc. v.…

In January 2009, Sandra Perry, an employee of the Wicomico County Health Department, was denied a promotion for which she was told she did not meet the minimum qualifications. Three months later the Department laid her off from her position as an Agency Procurement Associate, but also assisted her in securing another position within the Maryland Department of Health and Mental Hygiene.  However, the day after starting the new job, Ms. Perry filed a grievance

Several years of performance reviews touting an employee’s contributions and scope of responsibilities ultimately proved critical to the employer in defending against an employee’s Fair Labor Standards Act claim.  In Altemus v. Federal Realty Investment Trust, an executive assistant sued her former employer under the Fair Labor Standards Act for unpaid overtime.  Although the employer had categorized her as exempt from overtime under the FLSA, the plaintiff claimed that she was not exempt, that her administrative

The legal implications that social media has on employees and employers is a still-evolving concept; however, courts are increasingly hearing more cases where employers may land themselves in hot water for making employment decisions based on an employee’s internet postings.  In Bland v. Roberts, Civil Action No.: 4:11cv45 (E.D.V.A. Apr. 24, 2012), seven former employees of the Hampton Sheriffs’ Office sued the Sheriff of the City of Hampton, claiming, among other things, that the Sheriff wrongfully terminated

Does a plaintiff alleging a claim of discriminatory discipline in violation of Title VII need to allege and prove the existence of an adverse employment action?  This is a recurring question within the Fourth Circuit that the district courts and court of appeals have failed to resolve in a definitive manner.  Indeed, the Fourth Circuit Court of Appeals has been inconsistent as to whether an adverse employment action is an essential element of a Title