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 2010
Job Applicant Not “Employee” Under FLSA
In Dellinger v. Science Applications International Corp., the U.S. District Court for the Eastern District of Virginia held that a job applicant is not considered an “employee” under the FLSA, and thus cannot bring a retaliation claim under the statute. … Continue reading
Making hiring decisions based on litigation?
A recent article on Human Resource Executive Online discusses the risk of using an applicant’s prior litigation as a factor in a hiring decision: A job applicant with documented credit problems and a lawsuit against a former employer is claiming … Continue reading
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New DOL Compliance Tools
The Department of Labor has been implementing new compliance tools over the past several weeks. The latest relate to helping employers understand disability laws and H1B visa compliance. The DOL is also holding a stakeholder forum on May 21. More … Continue reading
Recent Jury Verdicts and Settlements
Our latest update on recent jury verdicts and settlements after the break.
Shortage Of Legal Work At Large Firms Causes Clients To Pay More
An article in the DC Bar’s April 2010 Washington Lawyer caught our attention. The article is entitled “Cost and Effect: Financial Outlook Forces Law Firms to Reexamine Billing, Head Counts, and Services.” One observation made in the article is that the shortage … Continue reading
9th Circuit Upholds Certification of Wal-Mart Class Action
In a recent 6-5 decision, the en banc U.S. Court of Appeals for the Ninth Circuit upheld a district court’s certification of a class action against Wal-Mart that could potentially include 1.5 million class members. The plaintiffs, a group of six … Continue reading
EEOC Verdicts and Settlements
Our latest update on EEOC verdicts and settlements for March 2010 after the break.
4th Circuit Remands Discrimination Case For Trial
In Merritt v. Old Dominion Freight Line, Inc., the U.S. Court of Appeals for the Fourth Circuit held that the plaintiff had produced sufficient evidence of discriminatory intent to create a genuine issue of material fact, precluding summary judgment for … Continue reading


