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
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
The national debate on minimum wage recently took center stage in “99-Seat” theaters across Los Angeles. Despite a local members’ advisory vote opposing the measure by a 2-1 margin, the New York-based Actors’ Equity Association enacted a minimum wage requirement … Continue reading
[Update: On April 29, 2015, the California Supreme Court granted review of Augustus v. ABM Security Services, Inc. The grant of review makes the appellate court’s opinion not citable.] In Augustus v. ABM Security Services, Inc., a California Court of Appeal … Continue reading
San Francisco has enacted two ordinances, referred to as the Retail Workers Bill of Rights, which will strictly regulate the employment of some retail workers in the city. The ordinances became effective on January 4, 2015, but employers will have … Continue reading
The Supreme Court of California recently held that security guards who were required to be “on-call” as part of their security duties were entitled to compensation for their on-call time. CPS Security Solutions, Inc. (“CPS”) provided 24-hour security for its … Continue reading
January 20, 2015 marked President Obama’s penultimate State of the Union. The President outlined his agenda for helping employees balance their commitment to a steady job and their want to care for a sick child or family member.
In August, 2014, Massachusetts Governor Deval Patrick signed new legislation entitled “An Act relative to domestic violence.” The new law was effective immediately and required that employers with 50 or more employees provide up to 15 days of unpaid leave … Continue reading
On November 4, 2014, voters approved Measure FF, which sought to raise the minimum wage in the city of Oakland to $12.25 and require employers to offer at least five days of paid sick leave to all employees; employers with … Continue reading
All over the country, city and state legislators are taking steps to enact paid sick leave laws. Here are some recent developments:
California strongly favors the prompt payment of wages due to an employee. The California Labor Code codifies this principle in Section 202, which provides in pertinent part that an employee who “quits his or her employment, his or her wages … Continue reading
On July 14, 2014, the San Diego City Council approved an ordinance requiring employers to grant up to 40 hours of paid sick leave per year to each San Diego employee beginning in 2015.
Employer Cannot Attribute Commission Wages Paid in One Pay Period to Cure Shortfalls in Other Pay Periods
On July 14, 2014, in Peabody v. Time Warner Cable, Inc. (Cal., July 14, 2014) —-P.3d—-, 2014 WL 3397770, the California Supreme Court held that an employer cannot attribute commission wages paid in one pay period to cure shortfalls in … Continue reading
On July 2, 2014, the EPA published a Federal Register notice titled “Administrative Wage Garnishment” claiming it has the authority to bypass the courts and unilaterally garnish wages of individuals owing debts to the Agency. We mentioned it here.
On July 2, 2014, the EPA published a Federal Register notice titled “Administrative Wage Garnishment” claiming it has the authority to bypass the courts and unilaterally garnish wages of individuals with debts to the Agency.
On April 8, 2014, President Obama signed a new Executive Order prohibiting federal contractors from discriminating or retaliating against employees for discussing compensation issues. On the same date, the President issued a Presidential Memorandum directing the Secretary of Labor to issue new … Continue reading