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
The California Supreme Court has issued a decision in Harris v. Superior Court (Liberty Mutual Insurance Company) regarding whether certain insurance company claims adjusters are administrative exempt employees under the California Labor Code and the Industrial Welfare Commission (“IWC”) Wage … Continue reading
On November 28, 2011, the U.S. Supreme Court agreed to hear an FLSA from the 9th Circuit involving the outside sales exemption. (Christopher v. SmithKline Beecham Corp.) The case involves whether deference is owed to the Secretary of Labor’s interpretation … Continue reading
On August 12, 2011, the United States Court of Appeals for the Fourth Circuit concluded that a plaintiff has the right to sue only her current or former employer for retaliation under the Fair Labor Standards Act (“FLSA”) — not a … Continue reading
On June 30, 2011, the California Supreme Court issued a decision in Sullivan v. Oracle Corporation, No. S170577 (June 30, 2011), deciding the issue of whether California’s overtime provisions apply to non-resident employees of California companies. More after the break.
In light of yesterday’s post on the challenge to Boeing’s construction of a plant in South Carolina by the NLRB, this blog post entitled “What happens when government (state or federal) is pathologically hostile to business” is worth reading. It … Continue reading
4th Circuit Affirms That Store Manager That Spends Majority Of Time On Non-Managerial Tasks Is Nonetheless Exempt Under The FLSA
The U.S. Court of Appeals for the Fourth Circuit recently affirmed a summary judgment in favor of Family Dollar Stores, Inc., holding that Family Dollar did not violate the Fair Labor Standards Act (“FLSA”) for failing to pay overtime to … Continue reading
The U.S. Court of Appeals for the Fourth Circuit recently affirmed a grant of summary judgment in favor of the Fairfax County School Board in an FLSA overtime lawsuit. The plaintiff/employee was a coach who argued that he was an … Continue reading
U.S. Supreme Court Hold That FLSA Anti-Retaliation Provision Protects Employees Who Make Oral Complaints
In Kasten v. Saint-Gobain Performance Plastics Corp., the United States Supreme Court held, in a 6-2 decision, that the anti-retaliation provision of the Fair Labor Standards Act (“FLSA”) protects employees who make oral, as well as written, complaints regarding FLSA … Continue reading
In June 2010, Dovetails, Inc. made an “unconditional payment” of approximately $7,770 to Christopher Walker, a Dovetail employee who claimed that he was entitled to unpaid overtime. Walker then filed a lawsuit in July 2010 against Dovetail in the United … Continue reading
Plaintiffs were former employees of defendants Metson Marine, Inc., and Metson Offshore, Inc. While employed by defendants, plaintiffs worked consecutive 14-day “hitches” on defendants’ ships off the shore of California providing emergency clean up of oil spills and other environmental … Continue reading
In Arechiga v. Dolores Press, Inc., the California Court of Appeal held that California Labor Code section 515(d) does not outlaw “explicit mutual wage agreements,” by which an employer and employee may agree to a fixed salary, to include both … Continue reading
The California Court of Appeal, Sixth District, recently held that employers who intentionally issue defective wage statements, or who skip issuing them on purpose, will not qualify for the statutory leniency set out in California Labor Code section 226.3. In … Continue reading
In Desmond v. PNGI Charles Town Gaming, LLC, the United States Court of Appeals for the Fourth Circuit affirmed the district court’s method of calculating unpaid overtime compensation in a misclassification case under the Fair Labor Standards Act (“FLSA”). This … Continue reading
On December 16, 2010, the California Court of Appeal, Second Appellate District, Division Eight, in Futrell et al. v. Payday California, Inc. et al., held that a company that provides payroll processing was not an “employer” for wage claims under … Continue reading
The Second District of the California Court of Appeal recently held in Villacres v. ABM Industries that a court-approved settlement in a prior wage and hour class action precludes subsequent litigation not only on the same causes of action but … Continue reading