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legal insights
In Morgan v. Sundance, Inc., 142 S. Ct. 1708 (2022), the Supreme Court held that prejudice is not a condition of finding that a party, by litigating too long, waived its right to stay litigation or compel arbitration under the Federal Arbitration Act. Facts Morgan worked as an hourly employee at a Taco Bell franchise owned...
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In Cruz v. Maypa, 773 F.3d 138 (4th Cir. 2014), the Fourth Circuit held that the limitations period for claims under the Fair Labor Standards Act was equitably tolled because the employer failed to post the required notice explaining workers’ rights under the FLSA. The decision is important because it means an employer who fails to post the...
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The Virginia Minimum Wage Act, VA Code § 40.1-28.8, et seq. (“VMWA”), sets minimum wage levels for certain categories of Virginia workers that are higher than the federal minimum wage.  Employer Defined The VMWA defines the “employers” it covers broadly, as including: any individual, partnership, association, corporation, or business trust or any person or group...
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virginia - tim coffield - fire fight
The Virginia Gap Pay Act, VA Code § 9.1-700, et seq. (“VGPA”), provides that certain fire protection and law enforcement employees must be paid overtime compensation for time worked in the “gap.” The “gap” refers to the all hours of work between (a) the statutory maximum hours per work period under the Fair Labor Standards...
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Virginia Medical Cannabis Oil Employment Law - Tim Coffield
Virginia’s Medicinal Cannabis Oil Employment Law (MCOEL), VA Code § 40.1-27.4, generally prohibits employers from disciplining employees for engaging in lawful medicinal use of cannabis oil. The law, however, contains several exceptions that allow employers to terminate or otherwise take adverse action against employees whose use of medicinal cannabis causes work impairment or would cause...
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tim-coffield-protest
In Uzuegbunam v. Preczewski, 141 S.Ct. 792 (2021), the Supreme Court held that a request for nominal damages satisfies the redressability element necessary for Article III standing where a plaintiff’s claim is based on a completed violation of a legal right. The case is important because it provides a way for plaintiffs whose Constitutional rights...
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Virginia’s misclassification of workers statute allows workers to file suit against their employers who have misclassified them as independent contractors. If the worker prevails, the court may award the worker any wages, employment benefits, or other compensation lost as a result of the employer improperly classifying the worker as an independent contractor. Difference Between Independent Contractors...
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Tim Coffield, a Charlottesville attorney, discusses executive exemptions in FLSA.
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Tim Coffield, an attorney in Charlottesville, VA, on the case of Genesis Healthcare v. Symczyk.
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Tim Coffield, an attorney in Charlottesville, VA, discusses FLSA and its administrative employee exemptions.
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