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: FMLA
4th Circuit Affirms FMLA Interference and Retaliation Verdict
In Dotson v. Pfizer, Inc., the Fourth Circuit affirmed the district court’s finding that Dotson’s employer had interfered with his right to leave under the Family and Medical Leave Act (“FMLA”) and had engaged in retaliation. The court also reversed … Continue reading
Do Your Homework
The FMLA Blog has a good cautionary post here about the potential consequences of failing to research the potential implications of the FMLA when terminating an employee. $80,000 worth of consequences in this case, that is. Do your homework (or … Continue reading
Top Ten Issues In Employment Law For HR Professionals In Virginia in 2008: #7
We will be posting over the next week the top ten developments in employment law for HR professionals in Virginia in 2008. The list is in no particular order. Topic number 7 is: Any Notice Is Sufficient Notice Of Need … Continue reading
Tidbits
5th Circuit Affirms Award of Attorneys’ Fees to Employer Against the EEOC — Jotting by an Employers’ Lawyer. (The Court upheld the district court’s entry of summary judgment against the EEOC in a disability claim, and its award to the … Continue reading
No Good Deed Goes Unpunished
In a case that could be summarized as “No Good Deed Goes Unpunished,” the Fourth Circuit issued an opinion in the case of Howard vs. Inova Healthcare Services, dated December 5, 2008. A copy of the opinion is here. More … Continue reading
New FMLA Poster And Forms
We received the following update from the U.S. Department of Labor: A revised Family and Medical Leave Act (FMLA) poster, reflecting the recently published final rule, is now available for viewing and downloading. Every employer covered by the FMLA is … Continue reading
New FMLA Regulations
The DOL has formally issued new FMLA regulations. The agency’s information page on the final rule is here. The regulations become effective January 16, 2009. More after the break. UPDATE: See our post here for the new FMLA poster and forms … Continue reading
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
Employee Misses FMLA Eligibility By 12 Minutes — And Loses Case
Workplace Prof Blog has an interesting post here on a case from the U.S. Court of Appeals for the Seventh Circuit affirming the dismissal of an FMLA case on summary judgment because the employee had only worked 1249.8 hours during … Continue reading
4th Circuit Sends FMLA Case Back For Trial
In an unpublished decision dated August 15, 2008, the U.S. Court of Appeals reversed the award of summary judgment to an employer in an FMLA case. The decision in Krenzke v. Alexandria Motors Cars is here. The case provides a good … Continue reading
Make Sure Your FMLA Policy Defines Eligibility Correctly, Or Else
An employee takes FMLA leave. The day after the leave starts, he receives a letter from his employer advising him of his FMLA rights. The language of the letter tracks the employer’s FMLA policy, which provides that any employee with … Continue reading
New Maryland Flexible Leave Act
On May 26, 2008, Maryland Governor Martin O’Malley signed the Maryland “Flexible Leave Act” into law. Under the Act, which is effective October 1, 2008, Maryland businesses employing 15 or more employees must allow their employees to use any form … Continue reading
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
New Attention To Family And Caregiving Discrimination
Human Resource Executive Online had a recent article entitled Caregivers Unite on the new attention being given to family and caregiving discrimination. The article is worth reading as an update on current trends in this area. Given the increasing attention … Continue reading
Joint Employers May Be Liable For FMLA Violations
The U.S. Court of Appeals for the Sixth Circuit recently issued a ruling with respect to the liability of joint employers under the FMLA. The case is Grace v. USCAR and the opinion can be found here. The case has … Continue reading
