Tim Coffield

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 required notice may lose its ability to assert a statute of limitations defense in FLSA cases.
Statutory Background
Congress enacted the FLSA “to protect ...

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 by Sundance. When she applied for the job, Morgan signed an agreement to arbitrate employment disputes. Morgan later filed in court a collective action asserting that Sunda...

In Cummings v. Premier Rehab Keller, P.L.L.C., 142 S. Ct. 1562 (2022), the Supreme Court held that emotional distress damages are not recoverable in private actions to enforce the antidiscrimination provisions of the Rehabilitation Act or the Affordable Care Act.
Facts
The plaintiff, Jane Cummings, was deaf and legally blind. She asked Premier Rehab to provide, as an accommodation for her disabilities, an American Sign Language interpreter at her physical therapy sessions. Premier Rehab decli...

Tim Coffield, Attorney, is a licensed law professional based in Charlottesville, Virginia. After an extensive education and dedicated work, Tim founded his legal practice, Coffield PLC, in 2012. Prior to his start as an attorney, Tim obtained his B.A degrees from North Carolina State University in Philosophy and English. His education continued to the University of Montana, where he earned his M.F.A in Creative Writing and taught undergraduate writing courses. In 2011, Tim graduated from the ...

In Harbourt v. PPE Casino Resorts Maryland, LLC, 820 F.3d 655 (4th Cir. 2016) the Fourth Circuit held that under the Fair Labor Standards Act, compensable “work,” for which the FLSA requires employers to pay at least minimum wage, broadly encompasses physical or mental exertion, whether burdensome or not, controlled or required by the employer primarily for its benefit, and therefore training can constitute “work” under the FLSA.
Statutory Background – Compensable “Work” under the FLSA
Congre...

The Virginia Employee Social Media Privacy Act, VA Code § 40.1-28.7:5 (“VESMPA”), titled “Social media accounts of current and prospective employees,” generally prohibits Virginia employers from (1) requiring employees or prospective employees to disclose their social media usernames and passwords or (2) to “friend” or “connect” with the employer on social media. As with many laws, however, the VESMPA has some exceptions to the general rule.
Employer Defined
The VESMPA defines “employer” broa...

Tim Coffield, Attorney, is a licensed law professional based in Charlottesville, Virginia. After an extensive education and dedicated work, Tim founded his legal practice, Coffield PLC, in 2012. Prior to his start as an attorney, Tim obtained his B.A degrees from North Carolina State University in Philosophy and English. His education continued to the University of Montana, where he earned his M.F.A in Creative Writing and taught undergraduate writing courses. In 2011, Tim graduated from the ...

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 by Sundance. When she applied for the job, Morgan signed an agreement to arbitrate employment disputes. Morgan later filed in court a collective action asserting that Sunda...

Virginia’s Worker Misclassification Law, VA Code § 58.1-1900-05 (“WML”), emphasizes the rights of employees to be properly classified as such, and makes it unlawful for employers to require or request that employees sign documents incorrectly classifying them as independent contractors. While the WML does not provide a statutory right of action, an employee terminated in violation of the policy stated in this law may have a common law claim for wrongful discharge.
The WML is important because...

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 required notice may lose its ability to assert a statute of limitations defense in FLSA cases.
Statutory Background
Congress enacted the FLSA “to protect ...

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 required notice may lose its ability to assert a statute of limitations defense in FLSA cases.
Statutory Background
Congress enacted the FLSA “to protect ...

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.”

In Conner v. Cleveland County, N. Carolina, 22 F.4th 412 (4th Cir. 2022), the Fourth Circuit held that the overtime provisions of the Fair Labor Standards Act (“FLSA”) allow claims for “overtime gap time.”

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 damages can be recovered, VOWA is more powerful and beneficial to employees than the FLSA. For example, if the court finds that an employer...