Author Archives: Eric Welter

Four Legal and Managerial Priorities When Implementing a Remote Workforce Strategy

As more Americans have embraced a “mobile” technology culture, many employers have embraced the cultural shift and begun utilizing a remote workforce. Opinions regarding the benefits and drawbacks of the virtual office and remote workplace abound among workers and businesses … Continue reading

Posted in ADA, BYOD, Data Security, Employee Policies & Procedures, Fair Labor Standards Act, FLSA/Overtime, FMLA, Interstate Operations, Medical Leave, Privacy, Wage and Hour | Leave a comment

Fifth Circuit Establishes “Snapshot” and Contemporaneous Documentation Requirements for Employers

The Fifth Circuit recently issued a decision that impacts joint employer liability, perceived disability under ADAAA and the dangers of revisiting employee performance reviews. Michael Maslanka, a regular contributor to Texas Lawyer, wrote an article last month called, “L&E Plaintiff … Continue reading

Posted in ADA, ADAAA, Disabilities, Employee Policies & Procedures, Employment Contracts, HR, Joint-Employer, Performance Reviews, Texas | Leave a comment

Court Rulings Reiterate that Employers Should Review and Revise Best Practices for Drug-Free Workplace Programs

Employers have many reasons for requiring employees to submit to drug and/or alcohol testing, both as a part of pre-employment screenings, and as a condition for continued employment in the workplace.

Posted in Discrimination, Drug-Free Workplace, Texas, Uncategorized | Leave a comment

Munoz Decision Grants California Employers Greater Clarity When Class Action Certification is Denied in Employee Lawsuits

It is well established under California law that an order denying class certification, leaving only the named plaintiff’s individual claims, is an appealable order under the “death knell” doctrine.

Posted in California, Class Actions, PAGA | Leave a comment

California Employee Class Action on Wages and Breaks Confirms Narrow Threshold for Federal Jurisdiction

On February 18, 2005, Congress enacted the Class Action Fairness Act of 2005 (“CAFA”), which significantly expanded federal diversity jurisdiction over many class actions. See 28 U.S.C. § 1332(d).

Posted in CAFA, California, Class Actions, PAGA | Leave a comment

Employer Beware: 12 California Labor Code Requirements You Don’t Even Know Exist

California employers tend to be a very aware and engaged community. After all, they need to be in a state as large, complex and highly regulated as California. Most employers in the state are likely very aware of the state’s requirements … Continue reading

Posted in California, California Labor Code, Employee Policies & Procedures | Leave a comment

Latest FLSA and EEOC Changes Drive Dramatic Shifts in Overtime, Classification and Discrimination

The summer of 2015 continues to be a busy time for federal agencies with responsibility for regulating employment matters. The Department of Labor (DOL) and the Equal Employment Opportunity Commission (EEOC) issued new interpretations of key employment principles that are … Continue reading

Posted in Discrimination, DOL, EEOC, Employee Classification, Employee Policies & Procedures, FLSA/Overtime, Independent Contractors, Overtime | Leave a comment

Co-worker Safety Trumps Employee’s Right to Disability Accommodation After Making Death Threats

Employers’ hands are often bound when balancing workplace morale with their duty to accommodate employees with mental or behavioral health issues. However, the U.S. Court of Appeals for the Ninth Circuit recently clarified the limit of the employer’s duties in … Continue reading

Posted in ADA, Disabilities, Discrimination, FMLA, Workplace Safety | Leave a comment

SEC Takes Action Against Employer Confidentiality Clauses That Could Limit Employee Whistleblowing

Recently, the Securities Exchange Commission (“SEC”) warned that it will investigate and take administrative action against employers who require employees to sign confidentiality agreements/statements prohibiting the employees from communicating the employer’s possible securities law violations to the SEC (i.e. whistleblowing).

Posted in Confidentiality, Employee Policies & Procedures, Employment Contracts, Noncompete Agreements, Securities & Exchange Commission, Whistleblower | Tagged | Leave a comment

Proposed DOL Changes May Set the Stage for Overtime Shift with Salaried Employees

New regulations pertaining to overtime pay proposed by the Obama administration may force many employers to correct a longstanding assumption about employee classification, particularly as they come to terms with changes that will significantly expand employee eligibility for overtime pay.

Posted in DOL, Employee Classification, FLSA/Overtime, Overtime, Wage and Hour | Tagged , , , , | Leave a comment

Multi-State Employers Face Potential Wage and Hour Claim Complications in the Washington DC Region

In a significant decision earlier this year, the Court of Appeals of Maryland found that employees performing work in Maryland on behalf of their Virginia employer may pursue claims for unpaid wages under the Maryland Wage Payment Collection Law (“MWPCL”) … Continue reading

Posted in Employment Contracts, Wage and Hour | Tagged , , | 1 Comment

Supreme Court Decision on Pregnancy Discrimination Act Expands Employer Responsibilities

In March 2015, the U.S. Supreme Court overturned a lower court’s decision and re-instated a pregnancy discrimination lawsuit brought against United Parcel Service (UPS). The case concerned a UPS employee who, upon becoming pregnant, was advised by her physician to … Continue reading

Posted in Discrimination, HR, Pregnancy Discrimination Act, Privacy, Reasonable Accommodation, SCOTUS, U.S. Supreme Court | Tagged , , | 1 Comment

Colorado Supreme Court Subordinates Employee Rights to Employer Policies on Medical Marijuana

The Colorado Supreme Court ruled on June 15, 2015 that an employee of Dish Network who was terminated in 2010 for failing a company marijuana test was fired legally, despite the fact that Colorado law allows individuals to use marijuana … Continue reading

Posted in ADA, Drug-Free Workplace, HR | Tagged | Leave a comment

Online Application Systems Open a New Front in FCRA Class Actions

Any company that requires job applicants to complete an application and submit to a background investigation as part of the employment process should be familiar with the Fair Credit Reporting Act (“FCRA”).

Posted in Class Actions, Fair Credit Reporting Act, FCRA, Hiring | Tagged | Leave a comment

Washington DC Tightens Regulation of Wage and Hour Compliance for Employers

In 2014, the Government of the District of Columbia (Washington DC) enacted the Wage Theft Prevention Amendment Act (WTPAA), which formally went into effect on February 26, 2015. The act made broad changes to Washington DC wage and hour laws, … Continue reading

Posted in D.C., Minimum Wage, Sick Leave, Wage and Hour | Tagged , , , | Leave a comment