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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

When an Employee Complains about Wages and Compensation to the Employer, the Employer Cannot Retaliate — Even if the Employee Does Not File a Formal Complaint in a Court or Before an Administrative Agency The Fourth Circuit Court of Appeals’ new ruling in Jafari v. The Old Dominion Transit Management Company, a/k/a The Greater Richmond Transit Company (GRTC), settled confusion arising from a prior unpublished decision about whether an employee’s complaint to supervisors within his company

On November 28, 2011, a Maryland corporation called Systems Assessment and Research, Inc. (“SAR”) learned a (hard) valuable lesson about the consequences of over-drafting — or having typos in — contract provisions.  Perricci v. Systems Assessment and Research, Inc., 2011 U.S. Dist. LEXIS 135985, involved an offer letter prepared by SAR to its potential employee.  The letter stated: “You may not terminate your employment with SAR Corp during your first year, or thereafter on less than