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: January 2009
Top Ten Issues In Employment Law For HR Professionals In Virginia in 2008: #4
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 4 is: Employer Not Participating In Interactive Process Is Not … Continue reading
Top Ten Issues In Employment Law For HR Professionals In Virginia in 2008: #3
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 3 is: Supreme Court Expands Scope of Retaliation: Significantly? More … Continue reading
Virginia Supreme Court Upholds Termination Of Non-Compete With Agreement
In an unpublished order dated January 9, 2009, the Supreme Court of Virginia found that the termination of an employment contract also terminated the non-compete as a matter of law based on the language of the agreement. A copy of … Continue reading
Top Ten Issues In Employment Law For HR Professionals In Virginia in 2008: #2
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 2 is: 2008 Amendments To The Americans With Disabilities Act. … Continue reading
Top Ten Issues In Employment Law For HR Professionals In Virginia in 2008: #1
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 1 is: “Pay Your Taxes,” and Misclassification Of Employees … Continue reading
Here we go…..
The House of Representatives has passed the first two employment-related pieces of legislation for 2009: The Lily Ledbetter Fair Pay Act of 2009 and the Paycheck Fairness Act. Neither are good news for employers. The Lily Ledbetter FPA will extend … Continue reading
BigLaw Ensures Profits In Downturn Through “Alternative Billing” Arrangements
An email I received yesterday regarding a seminar on increasing law firm profitability in a down economy caught my attention. The email caught my attention not because of the topic, but because of one of the bullet points within the … Continue reading
4th Circuit Decides Case On Exhaustion Of Administrative Remedies
On January 5, 2009, the U.S. Court of Appeals for the Fourth Circuit issued a published opinion in the matter of Jones vs. Calvert Group, Limited. The case considered several issues involving the exhaustion of administrative remedies in a Title … Continue reading
4th Circuit Remands ADEA Case For Discovery
In Ray vs. Amelia County Sheriff’s Office, the Fourth Circuit decided in an unpublished opinion dated December 9, 2008, that an ADEA claim should not have been dismissed on a 12(b)(6) Motion to Dismiss. A copy of the Court’s opinion … Continue reading
Federal Acquisition Regulations Require Mandatory Reporting of Ethical Violations
This post is a reminder to government contractors of two sets of recent Federal Acquisition Regulations (“FAR”) regarding ethics policies. More after the break.
Reasonableness Not Required For Participation Retaliation Claim
In Cumbie vs. General Shale Brick, Inc., the Fourth Circuit decided in an unpublished opinion dated December 8, 2008 that the reasonableness standard does not apply to participation protected activity. A copy of the Court’s opinion is here. More after … Continue reading
Virginia Supreme Court Remands Public Policy Wrongful Termination Case For Trial
In Schmidt vs. Triple Canopy, Inc., decided December 12, 2008, the Virginia Supreme Court remanded a public policy wrongful discharge case for trial in the Circuit Court for improper jury instructions. A copy of the opinion can be found here. … Continue reading
4th Circuit Issues SOX Decision
In Platone vs. United States Department of Labor, the Fourth Circuit decided in a published opinion dated December 3, 2008, that a complainant must alert management to more than the fact that the company’s near term profits were effected by … Continue reading
Expired Documents No Longer Valid For Employment Authorization
The Department of Homeland Security has issued an amended regulation regarding the types of acceptable identity and employment authorization documents and receipts that employees may present to their employers for completion of the Form I-9, Employment Eligibility Verification. Employers should … Continue reading
4th Circuit Decides Employee Polygraph Protection Act Case
In a rare decision under the Employee Polygraph Protection Act (“EPPA”), the Fourth Circuit decided several unresolved issues of statutory interpretation in a published opinion dated November 24, 2008. The opinion in Worden vs. Sun Trust Banks, Inc., can be found … Continue reading
