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
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
New DOL Wage and Hour Opinion Letters
Here is a digest of recent DOL Wage and Hour Opinion Letters:
Tidbits from this week
The Pennsylvania Labor and Employment Blog has a post on the final E-Verify Regulations here. Government contractors will be required to use E-Verify starting January 15, 2009, to verify their employees’ eligibility to work in the United States. The post … 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
New DOL Opinion Letters
The Department of Labor’s Wage and Hour Division recently posted two new Administrator signed FLSA Opinion Letters and five new Non-Administrator signed FLSA Opinion Letters. The letters are described below.
One Consideration When Suing A Former Employee
A Virginia resort now faces a class action lawsuit over overtime wages after filing a lawsuit against two timeshare sales employees seeking to enforce a noncompete agreement against them. The story is here. Since the filing of the overtime counterclaim … Continue reading
Minimum Wage Update
The current minimum wage is set at $5.85 per hour and increases to $6.55 per hour on July 24, 2008.
Blog Posts Of Interest
Here are a couple of blog posts of interest today: The Pennsylvania Labor and Employment Blog has a post on OFCCP Audits. The Ohio Employer’s Law Blog has a post on overtime implications of reading emails on your Blackberry after … Continue reading
USERRA And FLSA Claims Proceed To Trial In Eastern District Of Virginia
In Sutherland v. SOS International, Judge Cacheris of the U.S. District Court for the Eastern District of Virginia denied the employer’s pre-trial motion for summary judgment related to the employee’s overtime claims under the FLSA and discriminatory discharge claim under … Continue reading
New DOL Opinion Letter
The U.S. Department of Labor has posted a new Administrator-signed FLSA opinion letter regarding the application of the administrative exemption. The opinion letter can be found here. The position is question was a Product Technology Application and Marketing Analyst (PTA). The … Continue reading
