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: FLSA/Overtime
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
4th Circuit Affirms That Store Manager That Spends Majority Of Time On Non-Managerial Tasks Is Nonetheless Exempt Under The FLSA
The U.S. Court of Appeals for the Fourth Circuit recently affirmed a summary judgment in favor of Family Dollar Stores, Inc., holding that Family Dollar did not violate the Fair Labor Standards Act (“FLSA”) for failing to pay overtime to … Continue reading
U.S. Supreme Court Hold That FLSA Anti-Retaliation Provision Protects Employees Who Make Oral Complaints
In Kasten v. Saint-Gobain Performance Plastics Corp., the United States Supreme Court held, in a 6-2 decision, that the anti-retaliation provision of the Fair Labor Standards Act (“FLSA”) protects employees who make oral, as well as written, complaints regarding FLSA … Continue reading
California Employer Failed To Properly Pay Overtime Wages To On-Duty Employees
Plaintiffs were former employees of defendants Metson Marine, Inc., and Metson Offshore, Inc. While employed by defendants, plaintiffs worked consecutive 14-day “hitches” on defendants’ ships off the shore of California providing emergency clean up of oil spills and other environmental … Continue reading
Tidbits
Some employment law tidbits after the break.
Tidbits
Some employment law tidbits after the break.
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
DOL Offers to Help Employees With Wage Complaints
On April 1st, Department of Labor Secretary Hilda Solis announced the launch of a new campaign called “We Can Help” to alert workers of their rights under federal wage and hour laws. More after the break.
New DOL Administrator Interpretation Letters
The Department of Labor has announced that it will begin issuing “Administrator Interpretations” in lieu of providing case-specific responses to requests for opinion letters. The Interpretation letters will provide clarification of regulatory and statutory interpretation issues as determined by the … Continue reading
Tidbits
Our latest tidbits focus on wage and hour issues. More after the break.
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
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.)
