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.Read More
In December 2016, the U.S. Equal Employment Opportunity Commission (EEOC) won a major victory for employees in EEOC v. Costco Wholesale Corp., especially those working in the service industry. Importantly, the case underscores the fact that all employees are entitled to a safe, secure and fair workplace free of sexual harassment, including harassment by customers that an employer is aware of and fails to remedy.Read More
The Equal Employment Opportunity Commission (EEOC) recently released its 2016 Fiscal Year (FY) Performance Report. The report outlines the EEOC’s accomplishments in FY 2016, which ran from October 1, 2015, to September 30, 2016.Read More
Lebau & Neuworth attorneys frequently represent current and former employees at all levels -- from top executive to factory-floor workers -- in whistleblowing claims under the False Claims Act. We have at least two cases now under Department of Justice Review, and in 2015 we settled a client’s False Claims Act case against the former employer for nearly $15 million.Read More
Employers do not realize that, even if an employee’s leave is no longer covered by the Family and Medical Leave Act of 1993 (FMLA) or was not covered in the first place, other protections may apply. This includes protections created by the Americans with Disabilities Act (A.D.A.), as amended. The law is intended to protect persons with disabilities.Read More
Lebau & Neuworth attorney Stephen Lebau has been awarded the highest possible Martindale-Hubbell rating by his peers and the Judiciary – the Martindale-Hubbell 2016 AV Preeminent Award – Judicial Edition. Stephen’s AV Preeminent Award is the premier ranking for both Legal Ability and Ethical Standards, reflecting the opinions of members of the Bar and Judiciary.Read More
For 10 years now, Lebau & Neuworth attorneys Stephen Lebau and Richard Neuworth have been rated by Super Lawyers as "Top Lawyers" in their respective fields of legal practice.Read More
Attorneys at Lebau & Neuworth filed a lawsuit against Verizon on behalf of a victim of employment discrimination by the company. In this case, our client worked for Verizon for nearly two decades as a cable splicing technician and was discriminated against because of his religion and retaliated against because he reported the discrimination.Read More
Recently in Williams v. Ricoh Ams., the Federal District Court in Virginia made an important ruling in favor of employees who exercise their rights under anti-discrimination statutes. In the case, Mr. Williams, a 58 year-old African American male, was successfully employed by the defendant employer, Ricoh Americas Corporation, for 13 years.Read More
U.S. News and World Report has named Lebau & Neuworth as one if its 2017 Best Law Firms. Specifically, Lebau & Neuworth was ranked in the prestigious "Tier 1" in the Baltimore Metropolitain area for its Employment Law for Individuals and its Labor & Employment Litigation services.Read More
Patricia Bonds, a client of Lebau & Neuworth, worked as a food clerk at Safeway's Westminster, Maryland, store when she sustained a work-related injury that substantially limited her ability to lift. Although Safeway initially accommodated Bonds' disability by reassigning her to work at the customer service desk, the store abruptly placed her on indefinite unpaid leave, claiming that she had exhausted her time limits for modified duty.Read More