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: M. Wilson Stoker
Associated Builders and Contractors, Inc. (ABC), a construction trade association, has sued the director of the OFCCP and the Secretary of Labor seeking to exclude government contractors in the construction industry from the data collection and utilization review analysis requirements … Continue reading
The EEOC’s aggressive directive that interprets Title VII as prohibiting blanket rules against hiring applicants with a criminal record has put employers in a bind. Employers can run background checks and risk EEOC action or forgo background checks and risk … Continue reading
On July 31, 2013, the Office of Federal Contract Compliance Programs (OFCCP) sent its final rules amending federal contractors’ affirmative action and nondiscrimination obligations in regard to disabled persons and protected veterans to the Office of Management and Budget (OMB) … Continue reading
In Carter v. Luminant Power Serv. Co., No. 12-10642 (5th Cir., April 3, 2013), the Fifth Circuit found that attorneys’ fees are not recoverable for a prevailing plaintiff in a Title VII mixed-motive retaliation case. More after the break.
In a brash move – even by Patriots standards – defensive tackle Kyle Love was cut by the New England Patriots because he of his medical condition, diabetes. The Pats cut Love just two weeks after his diagnosis with Type … Continue reading
On February 22, 2013, the Texas Supreme Court handed down two decisions reinforcing the restrictive nature of Texas’ whistleblower statute. The Texas whistleblower statute has an “undeniable focus on law enforcement” and only a report to someone who has the … Continue reading
The case of Delfingen US-Texas L.P. v Valenzuela, No. 08-12-00022-CV (Texas Ct. of Appeals, 8th Dist. Feb. 6, 2013), provides employers with something to consider when entering into employment agreements with employees that speak a language other than English. More … Continue reading
On January 11, 2013, the U.S. Court of Appeals for the Fifth Circuit found that an employer’s refusal to pay employees for travel time incurred during a mandatory park and ride scheme was not a violation of the Fair Labor … Continue reading
The Texas Court of Appeals for the Second District recently upheld the dismissal on summary judgment of an invasion of privacy claim brought by a former employee in Roberts v. CareFlite, Case No. 02-12-00105-CV (October 4, 2012). In doing so, … Continue reading
In Prairie View A&M v. Chatha, Case No. 10-0353, the Texas Supreme Court found that claims under the Texas Commission on Human Rights Act (“TCHRA”) must be brought within 180 days of the date the claimant was informed of the compensation … Continue reading
On October 19, 2012, the Department of Labor Administrative Review Board (“ARB”) dismissed an Office of Federal Contract Compliance Programs (“OFCCP”) complaint against Florida Hospital of Orlando (“FHO”). The ARB found that the OFCCP did not have jurisdiction. More after … Continue reading
A recent “hot-button” issue for Government Contractors has been applicant tracking and Internet Applicant regulations. The Office of Federal Contract Compliance Programs (“OFCCP”) recently updated its website to provide guidance to contractors on their obligation to retain resumes received for … Continue reading
In Texas, EEOC Intake Questionnaire Is Truly Supplemental And Not To Be Considered In Determining A Charge’s Scope
In Lopez v. Texas State Univ. (Tex. App. – Austin, April 20, 2012), the Texas Court of Appeals found that an EEOC intake questionnaire should not be considered when determining the scope of an administrative charge. A copy of the opinion … Continue reading
The Password Protection Act of 2012 was introduced on May 9, 2012, by several Democratic Senators. More after the break.
In a May 8, 2012, ruling in OFCCP v. Frito-Lay, the Administrative Review Board (ARB) found that the OFCCP has the authority to request AAP data collected after the contractor received the scheduling letter if the request for additional information is … Continue reading