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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Author Archives: Eric Welter
California’s Uber Decision Deepens the Employee vs. Independent Contractor Debate in Emerging Industries
On June 3, 2015, the California Labor Commission found that a driver for the wildly popular ride-hailing service Uber was in fact operating as an employee, and not as an independent contractor, making her eligible for reimbursement of work expenses … Continue reading
The California Chamber of Commerce has released its 2015 preliminary list of “job killer” bills. The list focuses on proposed measures currently pending before the California legislature that, if passed into law, the Chamber believes would have a negative impact … Continue reading
On June 10, 2015, the New York City Council passed the Fair Chance Act, which “bans the box” for private employers. The Act is on its way to the Mayor’s desk, where if signed, it will come into effect in … Continue reading
The national debate on minimum wage recently took center stage in “99-Seat” theaters across Los Angeles. Despite a local members’ advisory vote opposing the measure by a 2-1 margin, the New York-based Actors’ Equity Association enacted a minimum wage requirement … Continue reading
Companies utilizing online applications recently received a favorable ruling regarding the use of online background check disclosure forms. In Goldberg v. Uber Technologies, Inc., et al., the pro se plaintiff challenged the online background check disclosure form used by Raiser, … Continue reading
As of spring 2015, 23 states and the District of Columbia have legalized adult use of marijuana for medical purposes. In addition, D.C. and four states – Colorado, Washington, Alaska and Oregon – have legalized recreational use of marijuana as … Continue reading
The Northern District of Illinois opened the door for expanding the definition of “employee” under the Age Discrimination in Employment Act (ADEA). In Rodriguez v. Dynamesh, Inc., a Dynamesh employee brought a lawsuit against the company for race and age … Continue reading
In November 2014, a Federal Court in Houston issued a significant opinion related to employees requiring an accommodation for a disability. In Sumpter v. American Bottling Company et. al., the court held that an employee seeking an accommodation must explain … Continue reading
[Update: On April 29, 2015, the California Supreme Court granted review of Augustus v. ABM Security Services, Inc. The grant of review makes the appellate court’s opinion not citable.] In Augustus v. ABM Security Services, Inc., a California Court of Appeal … Continue reading
On February 25, 2015, the U.S. Department of Labor (“DOL”) issued a final rule changing the regulatory definition of “spouse” under the Family and Medical Leave Act (“FMLA”) to permit individuals in valid, same-sex marriages to receive FMLA spousal care … Continue reading
President Obama’s State of the Union address on January 20th put issues of paid family and sick leave at the forefront of the American psyche. In its wake, states and localities around the country are taking action. Here are just … Continue reading
In a decision dated December 11, 2014, the National Labor Relations Board ruled that an employee’s rights under Section 7 of the National Labor Relations Act now extend, in most cases, to the use of company email systems. Section 7 … Continue reading
San Francisco has enacted two ordinances, referred to as the Retail Workers Bill of Rights, which will strictly regulate the employment of some retail workers in the city. The ordinances became effective on January 4, 2015, but employers will have … Continue reading
The Supreme Court of California recently held that security guards who were required to be “on-call” as part of their security duties were entitled to compensation for their on-call time. CPS Security Solutions, Inc. (“CPS”) provided 24-hour security for its … Continue reading
Representative Action Waiver and Non-Severability Provision Made Arbitration Agreement Unenforceable
On January 7, 2015, in Montano v. The Wet Seal Retail, Inc., 2015 WL 84677, —- Cal.Rptr.3d —-, the California Court of Appeal, held that an arbitration agreement is unenforceable when it waived statutory representative actions such as claims under … Continue reading