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: FLSA/Overtime
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
The U.S. Department of Labor (DOL) demonstrated the seriousness of its focus on overtime pay violations with a record-setting recovery of more than $18.3 million in wages the agency determined was due to more than 1,016 employees of Halliburton, the … 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 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
Companies Must Consider Impact on Culture, Compensable Time with Employee Security Searches, Particularly In California
On December 9, 2014, the United States Supreme Court issued a much-anticipated decision in Integrity Staffing Solutions, Inc. v. Busk, 135 S. Ct. 513 (2014), holding that the time warehouse workers spend undergoing security searches before leaving each day is … Continue reading
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.
On December 9, 2014, the United States Supreme Court released a decision holding that employees working in Amazon.com’s warehouses were not entitled to compensation under the FLSA for time spent going through mandatory security checks at the end of their … Continue reading
In a recent decision, the U.S. Court of Appeals for the Fifth Circuit provided franchisors with some ammunition in employment suits raised by a franchisee’s employees. In a Fair Labor Standards Act claim raised by a franchisee’s employee in Texas, … Continue reading
The Ninth Circuit issued an opinion Monday reviving a class action brought by store managers of the auto-parts store, AutoZone, alleging that they were misclassified as exempt employees and denied overtime pay when the majority of their duties were identical … Continue reading
In an uncharacteristic ruling, the district court for the Southern District of New York held that unpaid interns can receive employee protections under the Fair Labor Standards Act. The court held that Fox Searchlight Pictures’ (“Searchlight”) control over the production … 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
Nightshift warehouse team captains were denied unpaid overtime when the Second Circuit Court of Appeals affirmed a decision that broadens the “executive” exemption under the Fair Labor Standards Act. As noted in the Connecticut Employment Law Blog, the executive exemption … Continue reading
On Monday, the U.S. Supreme Court ruled 5 – 4 that drug company representatives will continue to be classified as exempt under the “outside salesmen” exemption to the Fair Labor Standards Act. More after the break.
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
Servers and bartenders employed at Applebee International, Inc.’s restaurants brought a class action suit under the Fair Labor Standards Act (FLSA) based on Applebee’s use of the “tip credit” to calculate their wages for purposes of meeting the minimum wage … Continue reading