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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Tag Archives: FLSA/Overtime
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
Third-party providers of home care workers are breathing a collective sigh of relief after a federal court struck down a rule that would have required compliance with minimum wage and overtime requirements for certain employees. In Home Care Association of … 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
At the end of March, a group of Domino’s Pizza franchise owners settled a wage and hour class action claim providing $448,000 to their employees. The owners of twenty-three separate franchisees agreed to pay some 750 workers after six franchise … 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
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
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
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
Some employment law tidbits after the break.
In Hale v. Dolgencorp, Inc., the Western District of Virginia denied the defendant’s motion for summary judgment on an FLSA claim based on the executive exemption to overtime pay. A copy of the opinion is here. More after the break.
In Hanzlik v. Birach, Jr., et al., the Eastern District of Virginia granted the plaintiff’s attorneys’ fees petition, finding the amount of attorneys’ fees requested to be reasonable. The opinion can be found here. More after the break.
Rejecting the use of a dictionary in favor of ordinary usage, the Division recently posted a new Administrator Interpretation pertaining to Section 3(o) of the Fair Labor Standards Act, 29 U.S.C. § 203(o), and the definition of “clothes.” The new … Continue reading
In Dellinger v. Science Applications International Corp., the U.S. District Court for the Eastern District of Virginia held that a job applicant is not considered an “employee” under the FLSA, and thus cannot bring a retaliation claim under the statute. … Continue reading