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: FMLA
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
On September 7, 2015, President Obama signed an executive order mandating paid sick leave for federal contractor and subcontractor personnel. The order will be implemented through regulations to be released by the Secretary of Labor, and the order will become … 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
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.
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
On June 4, 2015, the Department of Labor issued a News Release entitled “Staples to pay fired employee $275K in wages, benefits and damages after failing to inform him of job protections to care for ill family member.” A review … Continue reading
The California Chamber of Commerce has released its 2015 preliminary list of “job killer” bills. The list focuses on proposed measures currently pending before the California legislature that, if passed into law, the Chamber believes would have a negative impact … Continue reading
On February 25, 2015, the U.S. Department of Labor (“DOL”) issued a final rule changing the regulatory definition of “spouse” under the Family and Medical Leave Act (“FMLA”) to permit individuals in valid, same-sex marriages to receive FMLA spousal care … Continue reading
President Obama’s State of the Union address on January 20th put issues of paid family and sick leave at the forefront of the American psyche. In its wake, states and localities around the country are taking action. Here are just … Continue reading
The Sixth Circuit recently narrowed the circumstances under which an employer can make use of an “honest mistaken belief” as a defense to FMLA claims. In Yontz v. Dole Fresh Vegetables, the Sixth Circuit held that an employer “may not use an … Continue reading
Federal agencies continue to institute progressive social reforms while Congress remains divided. On June 20, 2014, the U.S. Department of Labor issued a press release heralding a proposed rule that would extend FMLA rights to all federal employees in valid, same-sex marriages. … Continue reading
The Department of Labor announced Friday a Notice of Proposed Rulemaking (NPRM) to extend the protections of the Family and Medical Leave Act (FMLA) to all eligible employees in same-sex legal marriages regardless of whether the state they live in … Continue reading
On April 21, 2014, a federal judge in Florida ruled against American Tool & Mold, Inc. (“ATM”) for terminating an employee based on his failure to provide medical certification of his ability to perform the job. The problem was that the … Continue reading
In Hurley v. Kent of Naples, Inc. the U.S. Court of Appeals for the Eleventh Circuit held that an employee’s vacation request did not qualify as a request for leave under the FMLA although he suffered from depression and anxiety … Continue reading
In a recent opinion, the Sixth Circuit affirmed the dismissal of an FMLA lawsuit based on the employer’s “honest belief” that the employee had improperly abused his FMLA leave. More after the break.