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: A Request for Accommodation Alone Will Be Considered a “Protected Activity” for Purposes of Retaliation or Discrimination Under FEHA
In the summer of 2015, California Governor Jerry Brown signed Assembly Bill No. 987, which, as of January 1, 2016, amended California’s Fair Employment and Housing Act (Government Code section 12940 et seq.) (“FEHA”) to prohibit an employer from retaliating … Continue reading
The Pennsylvania Supreme Court has held that employers looking to implement non-competition agreements (i.e. restrictive covenants not to compete) with their current employees must provide “new and valuable consideration” to render the agreement enforceable. Pennsylvania employers should now ensure that … Continue reading
California Employers Must Bear the Cost of Employee Training When the Training is Solely Required by the Employer
California employers are required to pay for all necessary expenses that an employee incurs as a direct result of his or her employment, and an employee cannot waive this right by any agreement or contract. (Labor Code sections 2802 and … Continue reading
Don’t Shoot the Messenger: Board Members May Be Held Individually Liable for Silencing In-House Counsel’s Complaints of Corruption
The U.S. District Court for the Northern District of California recently determined, in a matter of first impression, that members of a company’s board of directors may be held individually liable under the anti-retaliation provisions of the Sarbanes-Oxley Act (“SOX”) and … Continue reading
The Colorado Department of Labor and Employment’s Division of Labor has issued new guidance that prohibits employers from maintaining “use-it-or-lose-it” vacation policies for Colorado employees. “Use-it-or-lose-it” vacation policies include those that require employees to use accrued vacation time prior to a … Continue reading
On October 5, 2015, California Governor Jerry Brown signed Senate Bill No. 327 into law, which took effect immediately and confirmed that employees in the health care industry (i.e. nurses, therapists, physician assistants, technicians) can waive one of their two … Continue reading
California Court of Appeal Instructs Trial Court to Reconsider Its Denial of Class Certification of Wage and Hour Claims Brought by Nursing Staff Employees Against Hospital
Class actions against health care employers continue to be a growing trend in California and a recent decision by the California Court of Appeal highlights why health care employers must carefully draft and implement policies that are in compliance with … Continue reading
As your company enters the holiday season, it’s important for human resource team members, general counsel and the corporate management to be aware of essential issues that should be addressed proactively to ensure a positive holiday period. The last thing … Continue reading
Striking New Ground: Union Files NLRB Charges Against Company Even Though It Doesn’t Employ Affected Workers
A fast-growing, socially conscious new economy startup would hardly seem a likely target for an intensive battle with organized labor, especially when the company has built a solid reputation for paying above-market wages and benefits. But today’s labor environment is … Continue reading
White House Uses Executive Order to Ban the Box for Federal Employment; Opens the Door to Wide-Ranging Impact on Employers
Continuing its longstanding strategy of using Executive Orders to implement new policies and pave the way for future legislation, the Obama administration announced in early November that the federal government would be required to follow a ‘Ban the Box’ protocol … Continue reading
On September 7, 2015, President Obama signed an executive order mandating paid sick leave for federal contractor and subcontractor personnel. The order will be implemented through regulations to be released by the Secretary of Labor, and the order will become … Continue reading
As the repercussions of the California Labor Commission’s June 2015 ruling in Uber v. Berwick that an Uber driver was an employee and not an independent contractor continue to unfold, state legislatures and agencies are continuing to drive a renewed … Continue reading
Overlapping Regulations Compel Extreme Caution by California Employers Before Conducting Employee Background Checks
California has two laws that regulate consumer information that can be collected and provided to employers for use during the process of making employment decisions. Unfortunately, each of the laws have differing disclosure and authorization requirements with which California employers … Continue reading
The National Labor Relations Board’s (NLRB) recent ruling in Browning-Ferris Industries of California, et al., Case 32-RC-1009684 (August 27, 2015), has raised concerns among employers for its apparent shift in position regarding the standard for assessing joint employer status under … Continue reading
New California Law Requires Grocery Stores to Retain Employees for 90 Days After Change of Ownership
On August 17, 2015, California Governor Jerry Brown signed into law AB 359, which provides protections to certain grocery industry employees upon a change of ownership of the grocery establishment. This new law is being billed as the first State … Continue reading