Authored by Richard Alfred
Last week, the Fourth Circuit (comprising Maryland, Virginia, West Virginia, North and South Carolina), joined the other five Circuit Courts that have adopted the “half-time” approach to misclassification damages. In Desmond v. PNGI Charles Town Gaming, L.L.C. Case Nos. 09-2189, 09-2190, 09-2192 and 09-2254 (4th Cir. Jan. 14, 2011) the Court ruled in a mistaken exemption