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: May 2008
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
Supreme Court Recognizes Retaliation Claim Under Section 1981
The U.S. Supreme Court held today in CBOCS West, Inc. v. Humphries that 42 U.S.C. section 1981 provides a remedy for claims of retaliation for complaining about discrimination in connection with the making or enforcement of contracts. Section 1981 itself prohibits … Continue reading
Update on Anti-Discrimination Law in Maryland
On October 1, 2007, amendments to the Maryland anti-discrimination statute (Article 49B) went into effect. The Maryland Commission on Human Relations has a new FAQ on the law here. For employment purposes, protected classifications under the law include race, color, … Continue reading
New Union Email Rules
The Manpower Employment Law Blawg has a good post today on Everything You Ever Wanted to Know About the New Union Email Rules. It discusses new guidance issued by the National Labor Relations Board (NLRB) on the topic. The guidance … Continue reading
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Jury Awards $15 Million In Discriminatory Contract Termination Lawsuit
A federal jury in the Eastern District of Virginia has awarded plaintiff Worldwide Network Services, LLC $15 million in a lawsuit against DynCorp International. The award included $5 million in compensatory damages and $10 million in punitive damages. DynCorp prevailed on … Continue reading
Posted in Jury Verdicts, Uncategorized
Tagged Discrimination, Jury Verdicts, Virginia
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Severance Pay Practices Vary Widely
A survey conducted by the Society for Human Resouce Management (SHRM), reported in the most recent issue of HR Magazine, shows that severance pay practices vary widely among employers.
Recent Jury Verdicts
FL — Florida jury awards prison guards $630,000 in sexual harassment case. PA — Former police officers win $10 million in retaliation lawsuit in Philadelphia. IA — Postal worker awarded $382,500 in racial discrimination lawsuit in Iowa. Additional coverage here. … Continue reading
New Maryland Law Restricts Payment Of Accrued Leave Upon Termination
The Maryland General Assembly has passed, and the Governor approved, a bill amending the Maryland Wage Payment and Collection Law to provide that employers may prohibit employees from receiving accrued leave upon termination of employment, provided that the company has … 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
Associational Discrimination
Three recent decisions by the Courts of Appeals offer the opportunity to discuss discrimination or retaliation based on a person’s association with another person. The first is Holcomb v. Iona College, No. 06-3815 (2d Cir. 2008). The opinion can be … Continue reading
Restaurant Settlements
The U.S. Equal Employment Opportunity Commission announced today two settlements with restaurants. The first, here, announced a settlement with Razzoo’s, a Dallas/Fort Worth-based Cajun food restaurant chain, for $1 million. The case was a sex discrimination lawsuit filed by the … 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
“Pants” Judge Brings Whistleblower Lawsuit
According to WashingtonPost.com, “A former judge who lost a $54 million law suit against a dry cleaners over a missing pair of pants is suing to get his job back and at least $1 million in damages. In the suit filed … Continue reading
DOL Releases New “elaws” Tool To Help Employers Comply With Labor Laws
According to a press release issued by the U.S. Department of Labor, the DOL has released a new “elaws” tool to help employers comply with the recordkeeping, posting and notice requirements of various labor and employment laws. The elaws site … Continue reading
$1.7 Million Default Judgment Awarded In Age/Sex Discrimination Case
IL — Chicago woman awarded $1.7 by U.S. Magistrate Judge in age and sex discrimination suit. Her employer allegedly pulled her hair back and asked the 72-year old woman if she had had a face lift before terminating her employment. … Continue reading
