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
Fifth Circuit Agrees With Employee In Same-Sex Harassment Case
On January 19, 2012, the U.S. Court of Appeals for the Fifth Circuit vacated a district court’s judgment as a matter of law in a sexual harassment case involving same-sex conduct and remanded the case to the district court with directions … Continue reading
Posted in Sexual harassment
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EEOC Verdicts and Settlements — January 2012
Our update on EEOC jury verdicts and settlements from January 2012 after the break.
Posted in Jury Verdicts
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Eliminating Exemption For Companion Care Workers May Have Negative Impact And Unintended Consequences
The U.S. Department of Labor recently proposed eliminating the exemption from minimum wage and overtime coverage for companion care workers and the overtime exemption for live-in domestic help. The comment period on the proposed rules closed earlier this week and … Continue reading
Posted in DOL
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Court Rules Title VII Does Not Prohibit “Lactation Discrimination”
On February 2, 2012, the U.S. District Court for the Southern District of Texas (Judge Lynn Hughes) ruled that lactation is not pregnancy, childbirth, or a related medical condition under Title VII. More after the break.
Posted in Discrimination
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California Court Affirms Employer Liability For Off-Duty Harassment
In an unpublished decision, the California Court of Appeal has affirmed a jury verdict awarding an employee over $820,000 in damages for disability harassment when the employee’s co‑workers started two blogs that posted critical and offensive comments about the employee. … Continue reading
EEOC Verdicts and Settlements — December 2011
Our update on EEOC verdicts and settlements for December 2011 after the break.
Posted in Jury Verdicts
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Pre-Eligibility Request Under FMLA May Constitute Protected Activity
The U.S. Court of Appeals for the Eleventh Circuit has now held that the Family and Medical Leave Act (“FMLA”) protects an employee from retaliation or interference because of a pre-eligibility request for leave. More after the break.
Posted in FMLA
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Anticipated Discharge Is Not Good Cause For Voluntary Resignation
Can an employee in Virginia voluntarily resign their position out of fear of an impending discharge for poor performance and subsequently receive unemployment benefits? The Court of Appeals recently held that an anticipated discharge is not “good cause” to resign. … Continue reading
Posted in Virginia
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NY Business Fined For Not Giving Employees Enough Polo Shirts
According to Overlawyered.com, “New York’s notoriously stringent Department of Labor has fined a pizza shop owner $5,535 for not giving his employees enough polo shirts to wear — at least five for those who work five days a week, even … Continue reading
Posted in News
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Recent Jury Verdicts and Settlements
Our latest update on recent employment-related jury verdicts and settlements after the break.
Posted in Jury Verdicts
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Competitive Use Of Trade Secrets Not Necessary For Liability
On January 13, 2012, the Supreme Court of Virginia reviewed an appeal from the Circuit Court of Fairfax County regarding an employment agreement that included a non-disclosure provision. The Court held that the Virginia Trade Secrets Act does not require … Continue reading
Virginia Supreme Court Applies Workers Compensation Bar To Subsequent Lawsuit Against Uninsured Employer
Can an employee pursue a lawsuit against his employer for personal injuries if he has already filed a workers’ compensation claim when the employer was not insured? Interestingly, under Virginia law, the answer apparently depends on whether the workers’ compensation … Continue reading
Posted in Virginia
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EEOC Verdicts and Settlements — November 2011
Our update on EEOC verdicts and settlements from November 2011 after the break.
Posted in Jury Verdicts
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Illinois Employee Fired For Working During Lunch Break Generates Press
A receptionist in Chicago, Illinois was terminated by her employer for clocking out for her lunch break and continuing to work and was eventually awarded unemployment benefits. The case has generated a significant amount of press and television coverage, but … Continue reading
Posted in FLSA/Overtime
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Recent Jury Verdicts and Settlements
Our latest update on recent employment-related jury verdicts and settlements after the break.
Posted in Jury Verdicts
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