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: November 2009
Discipline For Use Of Email May Constitute Unfair Labor Practice, D.C. Circuit Holds
In Guard Publishing Company v. NLRB, the U.S. Court of Appeals for the District of Columbia held that the employer engaged in unfair labor practices when it disciplined an employee for sending union-related e‑mail messages on the company’s e-mail system. … Continue reading
U.S. Department of Labor Announces (Again) Increased Wage and Hour Enforcement
The U.S. Department of Labor has (again) announced an increase in enforcement efforts in the wage and hour area. Click here for the announcement. This is another good reminder for employers to make the investment now to review wage and … Continue reading
Posted in FLSA/Overtime
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4th Circuit Reverses Summary Judgment In Age Case
In an unpublished opinion, the Fourth Circuit reversed the district court’s grant of summary judgment for the defendant employer on a discrimination claim brought under the Age Discrimination in Employment Act (“ADEA”). The case is Inman v. Klockner Pentaplast of … Continue reading
Amusing Search Terms
In looking at our blog’s statistics today, I noticed several interesting search terms — “how to falsify FMLA paperwork” and “no compete contract loopholes Texas.” For those who might not be inclined to believe me, I have posted a screen shot … Continue reading
Jury Verdict Research
The Manpower Employment Blawg has an interesting post here on the most recent jury verdict research in employment cases from Jury Verdict Research.
Posted in Jury Verdicts
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DOL Flu Q&A’s
According to an email update, “The Wage and Hour Division of the U.S. Department of Labor has posted information on common issues when employees get the flu and its affect on wages and hours worked under the Fair Labor Standards … Continue reading
Recent Jury Verdicts And Settlements
Our latest update on recent jury verdicts and settlements after the break. There are alot of them this week!
Genetic Information Nondiscrimination Act (GINA) Effective November 21
The Genetic Information Nondiscrimination Act (GINA) goes into effect November 21, 2009. The Manpower Employment Blawg has a post about GINA here. Our previous posts on GINA are here and here. UPDATE: The New York Times has a story here.
Fire Caused By Employee Overnight In Hotel Room Could Be Within The Scope Of Employment
In Rivett Group, LLC, et al. v. Chelda, Inc. et al., while denying a motion for summary judgment the United States District Court for the Western District of Virginia found that a restaurant employee’s conduct that led to a fire and … Continue reading
Posted in Litigation
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New Discrimination Laws A Priority For Administration
According to representatives of the Justice Department, the “Employment Non-Discrimination Act” (which bars employment discrimination based on a person’s “actual or perceived sexual orientation or gender identity”) is a top legislative priority for the Obama Administration. The BLT has the … Continue reading
Payment Of Wages By Debit Card
Workplace Prof Blog has a post here about Wal-Mart moving to the use of prepaid debit cards instead of paper paychecks. They inquire whether the elimination of paper checks complies with state law in the various jurisdictions where Wal-Mart is … Continue reading
Paid Sick Leave Bill Introduced In Congress
A bill requiring employers to provide up to five days of paid sick leave has been introduced in Congress in response to the H1N1 situation. The story is here. The House Committee Blog post is here. Workplace Prof Blog has … Continue reading
Clear Showing Of Actual & Immediate Irreparable Harm Must Be Proven For Injunctive Relief
In FBR Capital Markets & Co. v. Karen Short, the United States District Court for the Eastern District of Virginia found that FBR failed to present sufficient evidence to warrant the granting of a temporary restraining order in connection with … Continue reading
