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: Wage and Hour
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
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
On October 5, 2015, California Governor Jerry Brown signed Senate Bill No. 327 into law, which took effect immediately and confirmed that employees in the health care industry (i.e. nurses, therapists, physician assistants, technicians) can waive one of their two … 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
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
U.S. Department of Labor Expands State-Level Partnerships to Enforce Employee Classification Standards
On August 13, 2015, the U.S. Department of Labor announced the formal signing of a three-year Memorandum of Understanding (MOU) between DOL and the Alaska Department of Labor and Workforce Development for the purposes of sharing information and coordinating law … Continue reading
A federal appeals court ruled in July 2015 that Fox Searchlight Pictures did not violate minimum wage laws by employing unpaid interns on the set of the film “Black Swan”. The ruling sets aside a lower court’s decision and sends … 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.
In a significant decision earlier this year, the Court of Appeals of Maryland found that employees performing work in Maryland on behalf of their Virginia employer may pursue claims for unpaid wages under the Maryland Wage Payment Collection Law (“MWPCL”) … Continue reading
Federal contractors should be on the lookout for new OFCCP rules this fall and winter instituting new reporting requirements for federal contractors and updating federal contractor regulations regarding sex and gender discrimination. These new rules demonstrate significant changes to contractors’ … Continue reading
In 2014, the Government of the District of Columbia (Washington DC) enacted the Wage Theft Prevention Amendment Act (WTPAA), which formally went into effect on February 26, 2015. The act made broad changes to Washington DC wage and hour laws, … Continue reading