Tag

Wages
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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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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lumber yard - tim coffield
In United States v. Darby, 312 U.S. 100, 61 S. Ct. 451 (1941), the Supreme Court held that Congress had power under the Commerce Clause of the Constitution to enact the Fair Labor Standards Act (“FLSA”). The Court held that the Commerce Clause permitted Congress, through the FLSA, to regulate the working conditions of employers...
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Virginia Overtime Wage Act: A Handy Guide to Overtime Protections for Virginia Employees
The Virginia Overtime Wage Act (“VOWA”) requires employers to pay covered employees overtime compensation. In some ways, the VOWA is similar to the overtime provisions of the federal Fair Labor Standards Act. In other ways, including the calculation of overtime rates for salaried employees, the availability of triple damages, and the time period for which...
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In Perez v. Mortgage Bankers Ass’n, 575 U.S. 92, 135 S. Ct. 1199 (2015), the Supreme Court held that an agency, like the Department of Labor, is not required to use notice-and-comment procedures when it wishes to issue a new interpretation of a regulation that deviates significantly from one the agency has previously adopted. The...
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tim coffield - Mitchell v. Kentucky Finance Co
In Mitchell v. Kentucky Finance Co., 359 U.S. 290 (1959) the Supreme Court held that the business of making personal loans to individuals does not constitute “sales of . . . services” by a “retail or service establishment,” within the meaning of the retail and service establishment exemption to the Fair Labor Standards Act. This...
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The Virginia Pay Transparency Law (“VPTL”), VA Code § 40.1-28.7:9, prohibits an employer from discharging or taking other retaliatory action against employees for discussing their pay or any other employees’ pay. The law is important because protecting employees’ right to discuss their compensation makes it easier for employees to negotiate for better pay and to...
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In Fed. Exp. Corp. v. Holowecki, 552 U.S. 389, 128 S. Ct. 1147 (2008), the Supreme Court held that for an employee’s filing with the Equal Employment Opportunity Commission to be deemed a “charge” under the Age Discrimination in Employment Act, it must be reasonably construed as a request for the agency to take remedial...
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In Hoffmann-La Roche v. Sperling, 493 U.S. 165 (1989), the Supreme Court held that under the collective action provision of the Fair Labor Standards Act, District Courts have discretion in Age Discrimination in Employment Act cases to facilitate judicial notice to potential plaintiffs with similar claims, giving them the opportunity to join the case. To...
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Tim-coffield-attorney-construction-law-virginia
The Virginia General Contractor Wage Law (“VGCWL”) makes general contractors on construction jobs, under certain circumstances, liable for wages owed to the employees of the general’s subcontractors.
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