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: ERISA
Firing Your Employees To Keep Them Off Your Health Insurance Plan Is A Bad Idea
In Porter v. Elk Remodeling, Inc., the Eastern District of Virginia denied an employer’s motion for summary judgment on a former employee’s ERISA and Virginia Human Rights Act (“VHRA”) claims based on evidence that the employer had discriminated against the … Continue reading
Increase in Temporary Workers Warrants Review of Employee Benefit Plans
The temporary employment services industry has shown growth for the fifth consecutive month since August 2009. This means that employers are likely hiring more employees with other-than-permanent employment status. An article in HR Magazine notes that this trend merits a … 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
Recent 4th Circuit Decisions of Interest
The U.S. Court of Appeals for the Fourth Circuit — already famous for not publishing many of its decisions — has continued the trend this year with very few published decisions. Several recent employment law decisions, however, are published decisions … Continue reading
Posted in 4th Circuit
Tagged 4th Circuit, Discrimination, ERISA, Noncompete Agreements, Sexual harassment
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Mental Health Parity
A little noticed part of the “bailout bill” recently passed by Congress is the inclusion of the “Paul Wellstone and Pete Domenici Mental Health Parity and Addiction Equity Act of 2008.” This Act amends ERISA and essentially mandates that group … Continue reading
Retaliatory Discharge Under ERISA
For those interested in ERISA, the Boston ERISA and Insurance Litigation Blog has a post here on a decision by the U.S. Court of Appeals for the First Circuit holding that a plaintiff must produce evidence of specific intent to … Continue reading
4th Circuit Issues ERISA Benefits Review Decision
The U.S. Court of Appeals for the Fourth Circuit has issued a published decision holding that a plan administrator does not have discretionary authority, but only mere authority, under an ERISA plan that only designates the plan administrator to make … Continue reading
Former Employee Awarded Severance Pay Benefits Under ERISA Plan By Fourth Circuit
In Ahuja v. Ericsson Inc., the U.S. Court of Appeals for the Fourth Circuit reversed an award of summary judgment in favor of the Ericsson Plan and remanded the case to the district court for the entry of an award … Continue reading
Claimant Denied Benefits From ERISA Plan Sponsored By Company He Never Worked For
In a rather strange ERISA case, a plaintiff filed suit after the ERISA plan administrator denied his claim that sought retirement benefits pursuant to a Plan titled Kroger 30-And-Out even though he was never an employee of Kroger. The case … Continue reading
Supreme Court Update
As noted throughout the blogosphere (here, here, and here for example), the U.S. Supreme Court decided several employment-related cases today and agreed to hear several more earlier in the week (see here). This term promises to be heavy on employment … Continue reading
EEOC Issues Retiree Health Rule
The U.S. Equal Employment Opportunity Commission announced the release of new regulations regarding retiree health benefits on December 26, 2007. The rule allows employers who provide retiree health benefits to continue the practice of coordinating those benefits with Medicare, without … Continue reading
FedEx Class Action Certified
On October 15, 2007, the U.S. District Court for the Northern District of Indiana certified a class of pickup and delivery drivers as to claims that the plaintiffs were misclassified as “independent contractors” under the Kansas Wage Payment Act and … Continue reading
Posted in Class Actions, ERISA, Independent Contractors
Tagged Class Actions, ERISA, Independent Contractors, Overtime
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