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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Category Archives: Employee Policies & Procedures
Unlimited Time or Unlimited Trouble? San Francisco Startup Offers Ex-Employees Cash to Avoid Suits Over PTO Policy Problems
A high-profile California technology startup that provides online access to insurance and human resource management solutions for small businesses, has found itself in the ironic position of offering to pay cash to former employees to avoid legal liabilities associated with … 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
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
On October 22, 2015, the U.S. Equal Employment Opportunity Commission (EEOC) announced that a federal jury in Peoria, Illinois has awarded $240,000 to two Somalian‑American Muslims who were fired from their jobs as truck drivers when they refused to transport … Continue reading
On September 17, 2015, the Utah Supreme Court held that an employee who is terminated for violating their employer’s “no-confrontation” policy can maintain a claim of wrongful discharge so long as that employee (1) reasonably believed that force was necessary … Continue reading
According to a September 2015 press release issued by the U.S. Equal Employment Opportunity Commission (EEOC), CTI, Inc., a regional trucking company based in Tucson, Arizona, will pay $300,000 and furnish other relief to settle a disability discrimination lawsuit filed … 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
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
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
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
Recognizing the impact of the federal government’s contractor workforce as a standard-bearer for labor practices, the Obama administration has continued to issue executive orders that seek to strengthen the protections afforded to personnel within the federal contracting environment.