USERRA And FLSA Claims Proceed To Trial In Eastern District Of Virginia
Wednesday, May 28th, 2008In Sutherland v. SOS International, Judge Cacheris of the U.S. District Court for the Eastern District of Virginia denied the employer’s pre-trial motion for summary judgment related to the employee’s overtime claims under the FLSA and discriminatory discharge claim under USERRA due to the existence of factual disputes. The denial of the employer’s pre-trial motion for summary judgment means that the case will proceed to a jury trial. The case highlights some of the issues that trip up employers when defending these types of claims.
