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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Category Archives: FLSA/Overtime
California Employees That Received Wage Settlement Barred From “Double Dipping” In Second Lawsuit
The Second District of the California Court of Appeal recently held in Villacres v. ABM Industries that a court-approved settlement in a prior wage and hour class action precludes subsequent litigation not only on the same causes of action but … Continue reading
Blackberry Overtime Lawsuit
Chicago Police Sergeant Jeffrey Allen has filed a class action lawsuit in the United States District Court for the Northern District of Illinois against the City of Chicago on behalf of himself and similarly situated members of the Chicago Police … Continue reading
Posted in FLSA/Overtime
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Western District Refuses To Dismiss FLSA Claim
In Hale v. Dolgencorp, Inc., the Western District of Virginia denied the defendant’s motion for summary judgment on an FLSA claim based on the executive exemption to overtime pay. A copy of the opinion is here. More after the break.
Eastern District Rules on Attorneys’ Fees in FLSA Case
In Hanzlik v. Birach, Jr., et al., the Eastern District of Virginia granted the plaintiff’s attorneys’ fees petition, finding the amount of attorneys’ fees requested to be reasonable. The opinion can be found here. More after the break.
DOL Issues Administrator Interpretation On The Definition Of “Clothes”
Rejecting the use of a dictionary in favor of ordinary usage, the Division recently posted a new Administrator Interpretation pertaining to Section 3(o) of the Fair Labor Standards Act, 29 U.S.C. § 203(o), and the definition of “clothes.” The new … Continue reading
Job Applicant Not “Employee” Under FLSA
In Dellinger v. Science Applications International Corp., the U.S. District Court for the Eastern District of Virginia held that a job applicant is not considered an “employee” under the FLSA, and thus cannot bring a retaliation claim under the statute. … 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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Minimum Wage Increase
Effective July 24, 2009, the Federal minimum wage will increase to $7.25 from $6.55. (Hat tip to Fair Labor Standards Act Law Blog. As they point out, the DOL has a chart of state minimum wages here.)
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
Arbitrator Finds That EEOC Willfully Violated FLSA Overtime Rules
In an ironic twist, an arbitrator has found that the EEOC willfully violated the FLSA by not paying employees overtime. The Washington Post has the story here. A copy of the arbitrator’s 83-page decision can be found here.
New DOL FLSA Opinion Letters
The U.S. Department of Labor has posted new FLSA opinion letters. In connection with this posting, the DOL issued the following disclaimer: The Division has posted 36 Administrator opinion letters and four Non-Administrator opinion letters that were signed prior to … Continue reading
FLSA Antics
The Florida Employment & Immigration Law Blog has an interesting post today on an FLSA case in federal court in Florida where the employees’ lawyers were sanctioned for soliciting potential clients in violation of the Florida Rules. The post is … Continue reading
New DOL Opinion Letters
The U.S. Department of Labor recently posted new wage and hour opinion letters. Ten of the recently posted letters are Administrator-signed letters. There is one non-Administrator signed letter. More information on the opinion letters after the break.
Restaurant Owners Arrested For Wage Violations
The New York Times reports here that two restaurant owners in Manhattan were arrested and charged with 400 counts relating to their ongoing wage and hour litigation with their employees (“151 counts of falsifying business records in the first degree … Continue reading
Wal-Mart Loses Class Action Appeal In Mass. Meal Break Case
The Supreme Judicial Court of Massachusetts has reversed a lower court order decertifying a class action against Wal-Mart for meal break and unpaid wage violations. In addition to reversing the order, the Court ordered the class certified and reversed an … Continue reading
