About the author
Eric A. Welter is an employment lawyer and litigator with the Welter Law Firm, P.C. in Herndon, Virginia. He is licensed to practice law in Virginia, Maryland, Washington D.C., Texas and California.
The Welter Law Firm represents and advises employers on all aspects of the employment relationship and represents businesses in commercial and franchise litigation. The firm’s offices are located in Northern Virginia; Los Angeles, California; and Austin, Texas.
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Monthly Archives: May 2009
D.C. Circuit Reverses NLRB On FedEx Independent Contractors
In FedEx Home Delivery v. NLRB, the D.C. Circuit held that the correct standard for determining whether a worker is an independent contractor or an employee is the “entrepreneurial test” announced in a previous decision by the court. The court … Continue reading
Supreme Court Decides Employer Not Required To Include Pre-Act Pregnancy Leave In Pension Calculation
In AT&T Corp. v. Hulteen, the U.S. Supreme Court concluded that AT&T did not have to include an employee’s time on pregnancy leave prior to the enactment of the Pregnancy Discrimination Act when making pension calculations. The Court’s opinion can … Continue reading
Supreme Court Nominee Update
Jottings by an Employer’s Lawyer and Connecticut Employment Law Blog have posts here and here regarding Supreme Court nominee Sonia Sotomayer’s employment law experience and decisions. Pennsylvania Labor and Employment Law Blog has additional information here.
Recent Jury Verdicts and Settlements
Our latest update after the break.
4th Circuit Decides FLSA Administrative Exemption Case
In Desmond v. PNGI Charles Town Gaming, L.L.C., the U.S. Court of Appeals for the Fourth Circuit reversed the district court and held that certain former employees were entitled to overtime compensation under the Fair Labor Standards Act (“FLSA”) because … Continue reading
DOL Issues Updated FMLA Opinion Letter
The U.S. Department of Labor’s Wage and Hour Division recently posted one new Administrator signed Opinion Letter designated as FMLA2009-1-A. The Opinion Letter supersedes an Opinion Letter released on January 15, 1999 designated as FMLA-101. It addresses the issue of … Continue reading
Recent Jury Verdicts and Settlements
Based on our anecdotal experience posting on jury verdicts and settlements for this blog, it appears that the EEOC is announcing a greater number of settlements each month. The settlements, however, appear to be in lower amounts, on average, than … Continue reading
D.C. Circuit Denies Enforcement Of NLRB Order For Lack Of Quorum
The WSJ Blog has a post today here on a ruling by the D.C. Circuit last Friday refusing to enforce a decision by the NLRB on the ground that the two-member Board did not constitute a “quorum” and therefore lacked … Continue reading
EEOC Issues Best Practices Guidance For Workers With Caregiver Responsibilities
The EEOC has issued guidance on employer “best practices” for workers with caregiver responsibilities. The document can be found here. The EEOC had previously released a document entitled “ENFORCEMENT GUIDANCE: UNLAWFUL DISPARATE TREATMENT OF WORKERS WITH CAREGIVING RESPONSIBILITIES.” None of … Continue reading
