Articles Posted in Employment Law

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Plaintiff was hired by New Dimensions, Inc. (NDI) as a design and sales consultant. Plaintiff was paid a commission of 2.12 percent of her total sales, but other design and sales consultants, both male and female, previously hired by NDI were paid commissions of 2.25 percent. Plaintiff was subsequently terminated by NDI and was not paid commissions for certain sales she had secured. Plaintiff filed this amended complaint against NDI alleging breach of contract, quantum meruit, and violation of the federal Equal Pay Act (EPA). In its answer, NDI did not affirmatively plead the four defenses articulated in the statute. The circuit court determined that NDI was prohibited from presenting evidence in defense of the EPA claim and precluded the introduction of evidence related to those defenses. The circuit court ruled in favor of Plaintiff on the EPA claim. The Supreme Court reversed, holding (1) the defenses set forth in the EPA are affirmative but were not waived under the facts presented in this case; and (2) therefore, the circuit court erred in preventing NDI from presenting evidence of its gender-neutral compensation system at trial. Remanded.View "New Dimensions, Inc. v. Tarquini" on Justia Law

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The Albemarle County Board of Supervisors disallowed payment on a portion of retirement benefits promised to several retired Albemarle County employees (collectively, Retirees). The benefits promised under the County's Voluntary Early Retirement Incentive Program (VERIP) were partially disallowed due to a miscalculation by a County employee prior to the retirements. The Retirees appealed. The County and Board (hereafter, the County) demurred, arguing that the Retirees failed to comply with Va. Code 15.2-1246 by not serving written notice of their appeal on the clerk of the Board. The circuit court overruled the demurrer and found in favor of Plaintiffs, awarding each of the Retirees the amount of the withheld VERIP stipend that the County claimed would amount to an overpayment if properly calculated under the program. The Supreme Court reversed and entered final judgment in favor of the County, holding that the statutorily required written notice of appeal was insufficient, and accordingly, the circuit court erred in failing to sustain the County's demurrer.View "County of Albemarle v. Camirand" on Justia Law