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 2009
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.
FMLA is Biggest HR Headache According to Poll
According to a poll conducted by HR.BLR.com, the FMLA is the biggest HR headache for employers. A short report on their poll is here. More after the break.
Briefing on New Employment Laws
Employment Law Update: New Administration — New Laws With each new administration comes changes to employment law. The Obama administration is making major changes that will impact your organization. This breakfast briefing will shorten your learning curve and keep you … Continue reading
Recent Jury Verdicts And Settlements
In one of our recent jury verdict and settlement updates, we noted that a large number of announcements were coming from the EEOC. Our latest update, which is after the break, contains an unusual amount of announcements from the EEOC … Continue reading
New Whistleblower Protections Under the Stimulus Bill: The McCaskill Amendment
The recent stimulus package contains new protections for whistleblowers. Any organization receiving stimulus funds should be aware of these provisions because, among other things, they contain posting requirements. More after the break.
4th Circuit Reaffirms That Decision Makers Must Be Aware Of Protected Activity To Support Retaliation Claim
In an unpublished opinion, the U.S. Court of Appeals for the Fourth Circuit reaffirmed its position that in order to establish a prima facie case of retaliation under the FMLA, a plaintiff must show that the persons responsible for the adverse employment … Continue reading
The Stark Reality Of Unionization
The Greenbrier Resort has filed for Chapter 11 bankruptcy. As noted in a post today at the VLW Blog here, the primary reason for the bankruptcy filing was the refusal of the nine unions representing the vast majority of the … Continue reading
4th Circuit Reverses Stored Communications Act Verdict
On March 18, 2009 the U.S. Court of Appeals for the Fourth Circuit issued a published opinion in the case of Van Alstyne v. Electronic Scriptorium, Limited. The case involved claims under the Stored Communications Act, 18 USC § 2707(a) … Continue reading
Posted in 4th Circuit
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Recent Jury Verdicts and Settlements
Our latest (and rather long) update on jury verdicts and settlements after the break.
4th Circuit Decides Business Noncompete Case
For those interested in this kind of thing, the Fourth Circuit recently issued an unpublished opinion in the second appeal in a case involving a covenant not to compete given in connection with the sale of a business. In Western … Continue reading
Tidbits
The Wall Street Journal Law Blog reports here that as the economy falls, age discrimination claims go up. Jottings By An Employer’s Lawyer has a short post on the topic here. The EEOC issued a press release about the record … Continue reading
Employee (No) Choice Act Introduced in House and Senate
The Employee (No) Free Choice Act of 2009 was introduced yesterday in the House and Senate. We posted on the EFCA yesterday here — The Death of Secret Ballot Elections in the Workplace. More after the break.
Recent Jury Verdicts and Settlements
Here’s our latest update, after the break. This week’s update is composed of EEOC cases.
The Death of Secret Ballot Elections in the Workplace
According to the OpenCongress blog (here), the Employee Free Choice Act (EFCA) is expected to be introduced in the House and Senate today. Unfortunately, there is nothing “free” about the EFCA, which would put an end to secret ballot elections … Continue reading
H1-B Visas and TARP
The American Reinvestment and Recovery Act signed on February 17, 2009, places certain restrictions on companies receiving government bailout funds with respect to their ability to hire foreign workers. More after the break.
