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
Does Being Tethered To Your Blackberry Give Rise To Overtime Liability?
The WSJ Blog has an article today on whether after-hours Blackberry use is the next wage and hour battleground. The article is here.
Mandatory Treble Damages For Wage Violations In Massachusetts
The Massachusetts General Assembly has passed a bill mandating the award of treble damages as liquidated damages to prevailing plaintiffs in wage lawsuits in the state. The law does not require a finding of willfulness or bad faith in order to … Continue reading
A Reminder To Conduct An FLSA Audit
An article in HR Magazine this month (SHRM membership required to access) entitled “Guard Against FLSA Claims: Fair Labor Standards Act lawsuits are increasing. Are your classifications in order?” reminds us of the need for employers to be proactive about … Continue reading
Arbitrator Finds That EEOC Has Violated FLSA
In an ironic twist, an arbitrator has ruled that the EEOC systematically violated the FLSA by misclassifying investigators and mediators as exempt from overtime compensation. The Manpower Employment Law Blawg has the story here.
New FLSA Opinion Letters
The Department of Labor has issued several new opinion letters related to the Fair Labor Standards Act. The Administrator signed letters (FLSA2008-1 and FLSA2008-2) can be found here. The non-Administrator signed letter (FLSA-2008-5NA) can be found here.
Fraud Lawsuit Against Former Employee Equals Retaliation
The U.S. Court of Appeals for the Fourth Circuit ruled on January 31, 2008, that the filing of a fraud lawsuit against a former employee constituted actionable retaliation under the Fair Labor Standards Act (“FLSA”). The opinion can be read … Continue reading
4th Circuit Affirms Arbitration Class Certification
In a published decision today, the U.S. Court of Appeals for the Fourth Circuit affirmed an arbitration award in an FLSA class action. The case is interesting because of the implications for employers using mandatory arbitration agreements.
CVS Pays $226,598 In Civil Penalties For Wage Violations
The U.S. Department of Labor announced December 10, 2007, that CVS Pharmacy, Inc. will pay $226,598 in civil penalties and $38,151 in back wages in connection with the settlement of an FLSA investigation into wage and youth employment violations.
