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Individual & Employee Rights Blog

The ‘Gig Economy’ and Your Wage Rights as an Independent Contractor

The ‘Gig Economy’ and Your Wage Rights as an Independent Contractor

Technology companies, such as Uber and Lyft, tout the benefits of the “gig economy,” in which workers are designated as independent contractors, not employees. The problem is, independent-contractor status often does not benefit workers.

Being an independent contractor is, theoretically, beneficial because workers are their own boss, working whenever and as much as they want. However, the companies are typically the real beneficiaries of the independent contractor designation. This is because independent contractors are typically exempt from the protections of the Fair Labor Standards Act (“FLSA”), the federal statute that governs the payment of wages, such as a minimum wage or overtime pay. Accordingly, companies can entice workers to work long hours, for low pay, and without overtime.

Because of the lower associated costs, companies often misclassify employees as independent contractors. The problem is so rampant that the United States Department of Labor (DOL), the federal agency that enforces the Fair Labor Standards Act, is actively working with the IRS to combat employee misclassification.

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Workplace Sexual Harassment Must be Combated both Before and After it Occurs

Workplace Sexual Harassment Must be Combated both Before and After it Occurs

A recent New York Times expose on Sexual Harassment has confirmed what the attorneys at Lebau & Neuworth have consistently experienced throughout their extended careers: Women regularly fail to report Sexual Harassment in the workplace because of fear of retaliation.

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Employers Cannot Escape Discrimination Against Drivers Based On Revocation Of DOT Card

Employers Cannot Escape Discrimination Against Drivers Based On Revocation Of DOT Card

In 2016, Lebau & Neuworth filed a complaint on behalf of a driver who was fired after the employer’s doctor revoked the driver’s U.S. Department of Transportation card after he suffered a stroke. All of the driver’s treating doctors cleared the driver to return to work and to drive trucks, but that did not stop the employer’s doctor, who was not a stroke specialist or certified in occupational medicine, from concluding that the driver was still not fit to drive.

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Maryland Federal Court Holds the Wage Claims Cannot be Released or Waived

Maryland Federal Court Holds the Wage Claims Cannot be Released or Waived

Even if you signed a separation agreement with your former employer, you may still have a case for owed wages, including overtime pay, under Maryland wage laws and/or the federal Fair Labor Standards Act because of a recent Maryland federal court ruling.

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Published Articles by L&N Attorneys Examine Important Workers Compensation and Personal Injury Cases

Published Articles by L&N Attorneys Examine Important Workers Compensation and Personal Injury Cases

Lebau & Neuworth attorneys Richard P. Neuworth and Devan M. Wang were honored with the publishing of two very important articles they co-authored in the 2017 Special Issue of the Trial Reporter, the journal of the Maryland Association for Justice. In each expose, Richard and Devan examine a case vital to the people of the State of Maryland and some of their specific contractual rights regarding personal injury and compensation.

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State Law Claims Against Benefit Plans  May Be Preempted by ERISA

State Law Claims Against Benefit Plans May Be Preempted by ERISA

When an employee is wronged by their employee benefit plan, such as a health care plan or life insurance plan, the employee may want to file a lawsuit in state court -- because state laws generally allow for more diverse remedies and greater damages than those allowed for under the federal Employee Retirement Income Security Act of 1974 (“ERISA”). However, employees may not be able to file a lawsuit in state court because ERISA controls, or “preempts,” all state laws to the extent that they relate to employer-sponsored plans.

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People with Disabilities will ALWAYS Matter – and Have Legal Rights

People with Disabilities will ALWAYS Matter – and Have Legal Rights

Change under any new presidential administration can be frightening, especially for people with special needs. But for one particular New York Times contributor who happens to be a woman AND physically disabled, the removal of the Disabilities section of the White House website has her downright terrified.

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You May Not Be an Independent Contractor – and May By Eligible for Overtime

You May Not Be an Independent Contractor – and May By Eligible for Overtime

An independent contractor is generally thought of as someone who is compensated by another party without withholdings and taxes and who also is paid a fixed amount for a specific job or task. Cable TV installers, painters and manual laborers often are paid as independent contractors.

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Daily Labor Report Touts Smaller 'Boutique' Firms Like Lebau & Neuworth

Daily Labor Report Touts Smaller 'Boutique' Firms Like Lebau & Neuworth

A recent Bloomberg BNA Daily Labor Report article, citing Lebau & Neuworth attorney Steven Lebau, states, “Whether they work on the management side or the worker side of labor and employment law, the attorneys contacted by Bloomberg BNA touted the advantages of boutiques (small law firms such as Lebau & Neuworth) for both lawyers and clients. They said the lawyers collaborate more and are able to offer high-quality and expert services at lower prices.”

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Comprehensive New Rules Govern Reporting of Doctors, Health Care Providers

Comprehensive New Rules Govern Reporting of Doctors, Health Care Providers

Sweeping new regulations issued from the Maryland Department of Health and Mental Hygiene, have several key preliminary definitional terms that require a hospital or practice group to report an employee to the Maryland Board of Physicians in certain situations from which he or she may face discipline and never be able to get another job.

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EEOC Issues New Guidance on Mental Health Conditions

The U.S. Equal Employment Opportunity Commission (EEOC) recently posted a new "Workplace Rights" document for  employees and job applicants with mental-health conditions.

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