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: June 2009
Tidbits
Here are some tidbits we found interesting: The Unfair Business Practices blog has a post here about an interesting Virginia federal court decision involving the theft of computer data and the Computer Fraud and Abuse Act (“CFAA”). A post with … Continue reading
Unfounded Trade Secrets Claim Against Former Employees Leads To $1.6 Million Judgment
In FLIR Systems, Inc. v. Parrish, the California Court of Appeals affirmed a $1.6 million judgment in favor of the employees in a claim brought by their former employer under California’s Uniform Trade Secrets Act. The opinion can be found … Continue reading
Recent Jury Verdicts and Settlements
Our latest update after the break.
No Mixed Motive Cases Under ADEA Says U.S. Supreme Court
The U.S. Supreme Court held today in Gross v. FBL Financial Services, Inc. that a plaintiff in a case brought under the Age Discrimination in Employment Act (ADEA) cannot use the “mixed motive” proof standard to prove their claim. A sampling … Continue reading
Split Arises In Virginia On Employer Liability Insurance Exclusion
After a decision by the U.S. District Court for the Eastern District of Virginia holding that a business insurance carrier must defend an employer after a workplace shooting leads to a negligence action by the employee’s estate (see article here), a … Continue reading
Law Firm Economics — Recession Style
Former law clerks to the U.S. Supreme Court may no longer get $250,000 signing bonuses. Law.com article here. “Cravath, Swaine & Moore LLP, the fifth-most profitable U.S. law firm, is offering $80,000 to incoming lawyers to defer their starting dates … Continue reading
Alcoholism and the ADA
A question after a recent speech about whether alcoholism is covered by the Americans with Disabilities Act (“ADA”) prompts us to write a short post on the topic. More after the break.
At What Level Of Management Is Knowledge Of Sexual Harassment Attributed To A Company?
The Third Circuit recently resolved a sexual harassment case against the employee/plaintiff, concluding that someone higher in authority than a “supervisor” must have knowledge of the harassment and/or complaint in order for that knowledge to be imputed to the company … Continue reading
E-Verify Implementation Extended To Sept. 8, 2009
The effective date of the final rule requiring certain federal contractors and subcontractors to use E-Verify has been delayed until September 8, 2009. The USCIS has an E-Verify site with updates here. (Hat tip to the Pennsylvania Labor & Employment … Continue reading
Recent Jury Verdicts and Settlements
Our latest update on recent jury verdicts and settlements after the break. Those who make it to the bottom of the list will be surprised.
4th Circuit Decides Public Employee First Amendment Case
In Fields v. Prater, the Fourth Circuit Court of Appeals reversed a district court decision by concluding that plaintiff Tammy Fields was wrongfully denied a position as the local director of a county department of social services based on her … Continue reading
4th Circuit Decides Case on Finality of Federal EEOC Decisions
The Fourth Circuit’s decision in Cochran v. Holder addresses the issue of when a decision by the Equal Employment Opportunity Commission (EEOC) becomes “final” for the purposes of 42 U.S.C. § 2000e-16(c). The EEOC regulation allows federal employees to file … Continue reading
DOL Issues Guidance on Davis-Bacon Act Standards for Stimulus Package Work
The U.S. Department of Labor’s Wage Hour Division has released guidance concerning implementation of Section 1606 of the American Recovery and Reinvestment Act of 2009 (“ARRA”), which provides for application of Davis-Bacon labor standards to certain Federal and federally-assisted construction work funded … Continue reading
Bad Ideas for Employee Training
A case recently decided by the U.S. Court of Appeals for the Fourth Circuit could have come directly from an episode of “The Office.” It offers one example of what not to do in employee motivational training. More after the … Continue reading
