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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Tag Archives: 4th Circuit
No Cause Of Action Against Prospective Employer For FLSA Retaliation
On August 12, 2011, the United States Court of Appeals for the Fourth Circuit concluded that a plaintiff has the right to sue only her current or former employer for retaliation under the Fair Labor Standards Act (“FLSA”) – not a … Continue reading
Kissing, Fondling, Propositioning, Questioning and Describing (Sex) Add Up To A Sexual Harassment Trial
On August 8, 2011, the United States Court of Appeals for the Fourth Circuit reversed the District of Maryland’s grant of summary judgment for the City of Baltimore in a hostile work environment, quid pro quo sexual harassment, and retaliation … Continue reading
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.
4th Circuit Reverses Dismissal of Sexual Harassment Case
In EEOC v. Fairbrook Medical Clinic, the Fourth Circuit reversed the grant of summary judgment for the defendant on the plaintiff’s hostile work environment claim. More after the break.
4th Circuit Remands Discrimination Case For Trial
In Merritt v. Old Dominion Freight Line, Inc., the U.S. Court of Appeals for the Fourth Circuit held that the plaintiff had produced sufficient evidence of discriminatory intent to create a genuine issue of material fact, precluding summary judgment for … Continue reading
4th Circuit Reverses $10 Million Punitive Damage Verdict
In Worldwide Network Services, LLC v. DynCorp International, LLC, the Fourth Circuit reversed a $10 million punitive damages award in favor of the plaintiff on the grounds that there was no evidence that the defendant acted with the knowledge that … Continue reading
4th Circuit Allows De Novo Review Of SOX Appeal
In Stone v. Instrumentation Laboratory Co., a case of first impression, the Fourth Circuit addressed the issue of whether a Sarbanes-Oxley (“SOX”) whistleblower claimant has the right to a de novo review by a district court while the claim is … Continue reading
Fourth Circuit Reverses Summary Judgment In Failure To Promote Case
In an unpublished opinion (Wesley v. Arlington County), the Fourth Circuit reversed the district court’s grant of summary judgment for the employer in a failure to promote case brought by a firefighter. More after the break.
4th Circuit Reverses Dismissal of Retaliation Claims Based on Twombly
In a recent unpublished opinion (Harman v. Unisys Corp.), the Fourth Circuit reversed the district court’s dismissal of an employee’s retaliation claims against her employer. The plaintiff, Kathryn Harman, brought suit against Unisys Corporation and several employees, alleging gender, age, and … Continue reading
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
4th Circuit Reverses Dismissal Of Race And Gender Harassment Suit
In a rare published opinion, the U.S. Court of Appeals for the Fourth Circuit reversed the pretrial dismissal of a race and sex harassment lawsuit on summary judgment. The court’s opinion in EEOC v. Central Wholesalers, Inc. can be found … Continue reading
4th Circuit Issues Borrowed Servant Decision
In Ladd v. Research Triangle Inst., the Fourth Circuit addressed the borrowed servant doctrine under the Longshore and Harbor Workers’ Compensation Act (LHCWA). More after the break.
4th Circuit Affirms Jury Award To Warden
In Anthony v. Ward, the Fourth Circuit affirmed a jury award of $510,000 to plaintiff Calvin Anthony, former warden of Lee Correctional Institution in South Carolina. The judgment by the federal district court found defendants Robert Ward and Charles Sheppard, … Continue reading
Split Arises In Virginia On Employer Liability Insurance Exclusion
After a decision by the U.S. District Court for the Eastern District of Virginia holding that a business insurance carrier must defend an employer after a workplace shooting leads to a negligence action by the employee’s estate (see article here), a … Continue reading
4th Circuit Decides Case on Finality of Federal EEOC Decisions
The Fourth Circuit’s decision in Cochran v. Holder addresses the issue of when a decision by the Equal Employment Opportunity Commission (EEOC) becomes “final” for the purposes of 42 U.S.C. § 2000e-16(c). The EEOC regulation allows federal employees to file … Continue reading
