Where the parties dispute whether the plaintiff was terminated for cause, the employer is allowed to defer its calculation of the bonus into the employee’s overtime rate for now.
Background
In August 2024, plaintiff Levar Fowler sued his former employer, Caesars Virginia, LLC, alleging that defendant violated his federal and state rights when it fired him after he complained that a co-worker repeatedly referred to him as “boy,” called him the “N-word” and engaged in other allegedly discriminatory and threatening conduct. In March 2025, the court denied defendant’s motion to dismiss the hostile-work-environment claim, but granted its motion to dismiss the retaliation claim, both under the Virginia Whistleblower Protection Law.
In August 2025, plaintiff filed an amended complaint adding two new claims for violations of the Fair Labor Standards Act, or FLSA, and the Virginia Wage Payment Act, or VWPA. In October 2025, the court granted defendant’s second motion to dismiss but gave plaintiff the opportunity to amend his complaint to cure his pleading deficiencies as to defendant’s alleged willful violation of the FLSA.
In November 2025, plaintiff filed a second amended complaint, and defendant once again moved to dismiss the FLSA and VWPA claims. Defendant argued that plaintiff did not state a claim for unpaid overtime and that, if the court dismisses his individual FLSA claim, then his individual VWPA claim, as well as the collective action and class-action claims under the...
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