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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Monthly Archives: March 2008
New FLSA Opinion Letters
The Department of Labor has issued several new opinion letters related to the Fair Labor Standards Act. The Administrator signed letters (FLSA2008-1 and FLSA2008-2) can be found here. The non-Administrator signed letter (FLSA-2008-5NA) can be found here.
NY Company Hit With H1-B Charges After DOL Investigation Results In $3 Million Back Pay Award
Following up on yesterday’s post on new H1-B rules, I noticed a press release from the Department of Labor announcing that it had charged a New York medical staffing company with multiple violations of the Immigration and Nationality Act relating … Continue reading
EEOC Announces Final Approval Of $24 Million Settlement
The EEOC announced the final approval by a U.S. district judge in Illinois of a $24 million settlement in a race discrimination class action against Walgreen’s. According to the EEOC, “The consent decree provides for the payment of over $24 million … Continue reading
New USCIS Rule Prohibits Multiple H1-B Filings
The USCIS announced on March 19, 2008, a new interim rule that prohibits employers from filing multiple H1-B applications for the same candidate. The 27-page Federal Register announcement of the new rule can be found here.
4th Circuit Sarbanes-Oxley Whistleblower Decision Goes Against Plaintiff
In Livingston v. Wyeth, Inc., No. 06-1939 (4th Cir. 2008), the U.S. Court of Appeals for the Fourth Circuit affirmed the dismissal of a whistleblower claim under the Sarbanes-Oxley Act of 2002, 18 USC 1514A because it concluded that no … Continue reading
$106 Million Award For California Starbuck’s Employees For Tip Pool Violations
A California judge, in a four paragraph order, has ruled that Starbuck’s violated California law by sharing tips with supervisors. The $106 million award includes $19 million in interest. The court also entered an injunction barring Starbuck’s supervisors from sharing employee … Continue reading
Posted in FLSA/Overtime
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Recent Jury Verdicts And Settlements
MA — Former police Sgt. awarded $400,000 in punitive damages by jury in sexual harassment lawsuit against city. CA — Ex-security guard awarded $827,500 in sexual assault case. She previously settled claims against other defendants for $300,000. The jury returns … Continue reading
FedEx Independent Contractor Update
The Florida Employment Law Letter reports that the IRS has tentatively concluded for 2002 that FedEx ground drivers were employees and not independent contractors. Click here for the article.
Employer That Failed To Remit Payroll Tax Withholdings Guilty Of Embezzlement
In George v. Commonwealth, Court of Appeals Virginia, Record No. 0332-06-4 (Jan. 15, 2008), the Virginia Court of Appeals found that an employer that withheld taxes from employee paychecks but did not pay the Commonwealth the withheld taxes was guilty of … Continue reading
General Assembly Fixes Loophole For Health Care Noncompete Agreements
The Virginia General Assembly has attempted to clean up what appeared to be a loophole to allow medical professionals to escape noncompete agreements based on a recent decision by the Supreme Court of Virginia. The bill was signed by the Governor … Continue reading
Recent Jury Verdicts And Settlements
NY — Consent decree entered between employer and Department of Labor requires employer to repay $1.5 million into pension fund due to underfunding and improper transfer of fund assets. St. Louis — Woman awarded over $1 million by jury in … Continue reading
EEOC Announces $1.9 Million Settlement Of Racial Harassment Suit
The U.S. Equal Employment Opportunity Commission announced today the settlement of a racial harassment suit in Dallas, Texas, involving 15 black and hispanic airport workers for $1.9 million. The consent decree also required diversity training for all of the employer’s … Continue reading
New FMLA Poster
The Manpower Employment Law Blawg has an update on the new FMLA poster insert that contains new information required to be posted. It also has links to the Department of Labor website with helpful information on the amendments to the … Continue reading
Bias Charges Rise 7% in 2007
According to statistics released today, employment discrimination charge filings with the U.S. Equal Employment Opportunity Commission rose 7% overall in 2007. All categories showed double-digit percentage increases in the number of filings except for sex/gender claims, which only increased 7%. … Continue reading
D.C. Council Approves Paid Sick Leave Bill
The D.C. City Council approved the Accrued Sick and Safe Leave Act of 2008 yesterday that requires employers to provide their employees with paid sick leave, becoming the second city in the nation to do so. The Washington Post has a … Continue reading
