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JAFARI v. OLD DOMINION TRANSIT MANAGEMENT COMPANY

No. 09-1004.

EMMETT JOHNSON JAFARI, Plaintiff-Appellant, v. THE OLD DOMINION TRANSIT MANAGEMENT COMPANY, a/k/a The Greater Richmond Transit Company (GRTC), Defendant-Appellee. SECRETARY OF LABOR; EQUAL EMPLOYMENT OPPORTUNITY COMMISSION, Amici Supporting Appellant.

United States Court of Appeals, Fourth Circuit.

Decided: January 27, 2012.

Attorney(s) appearing for the Case

ARGUED: Denise M. Clark , CLARK LAW GROUP, PLLC, Washington, D.C., for Appellant.

Charles Randolph Sullivan , HUNTON & WILLIAMS, LLP, Richmond, Virginia, for Appellee.

ON BRIEF: P. David Lopez , General Counsel, Lorraine C. Davis , Acting Associate General Counsel, Vincent J. Blackwood , Assistant General Counsel, Barbara L. Sloan , EQUAL EMPLOYMENT OPPORTUNITY COMMISSION, Washington, D.C.; M. Patricia Smith , Solicitor of Labor, Jennifer S. Brand , Associate Solicitor, Paul L. Frieden , Counsel for Appellate Litigation, Nickole C. Winnett , UNITED STATES DEPARTMENT OF LABOR, Washington, D.C., for Amici Supporting Appellant.

Sarah E. Bruscia , HUNTON & WILLIAMS, LLP, Richmond, Virginia, for Appellee.

Reversed in part, affirmed in part, and remanded by unpublished opinion. Judge Duncan wrote the opinion, in which Chief Judge Traxler and Judge Agee joined.

Unpublished opinions are not binding precedent in this circuit.

DUNCAN, Circuit Judge.

Appellant Emmett Jafari appeals from the Rule 12(b)(6) dismissal of his claims against his former employer, Old Dominion Transit Management, a/k/a The Greater Richmond Transit Company ("GRTC"), for retaliation under the Fair Labor Standards Act ("FLSA"), 29 U.S.C. § 215(a)(3); for interference with protected rights under the Employee Retirement Income Security...

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