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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.

In Johnson v. CRC Holdings, Inc., Civil No. JKB-16-2937, the Maryland federal court rejected an employer’s attempt to dismiss an overtime claim by its former employee.

Therefore, a worker can still pursue in Court his or her entitlement to overtime pay and wages for all hours worked, even if the employer required the worker to sign a document say that such claims were waived or released.

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Workplace Retaliation: A Review of How to Prove a Claim Against an Employer

The Equal Employment Opportunity Commissions (EEOC) has just issued Enforcement Guidance on workplace retaliation under federal employment discrimination laws. This Guidance provides an excellent review of what is necessary to prove a retaliation claim.

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Mythbusting: Independent Contractor vs. Employee Status

Employers continue to misclassify workers as independent contractors in order to avoid paying overtime and provide employee benefits. Lebau & Neuworth recently sued the same employer on three separate occasions over a five-year period because it continued to misclassify its employees.

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Retaliation Under The False Claims Act: What An Employee Must Prove

Posted on August 29, 2016 in Employee Rights, Workplace Retaliation

The U.S. Court of Appeals for the Fourth Circuit, which includes Maryland, recently issued a decision that nicely sets forth what an employee must prove to establish she/he was retaliated against in violation of the False Claims Act.

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Hunting & Employment Law -- & Justice Scalia

Posted on August 29, 2016 in Employee Rights

A scholarly article explores some seriously troubling ethical issues regarding the late Supreme Court Justice Antonin Scalia.

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Living with a Disability Through the Americans With Disabilities Act

We owe much of this progress to the Americans With Disabilities Act of 1990 and the laws that led up to it. Starting in the 1960s, a broad disability rights movement encouraged legislation and policy that gradually desegregated the institutions and spaces that had kept disabled people out and barred them from exercising the privileges and obligations of full citizenship.

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Enforcing Arbitration Agreements – Not So Fast In Maryland Federal Court

Posted on August 22, 2016 in Agreements & Negotiations

Arbitration agreements are unfair and undermine employee rights, and because of that, employers embrace them. But a recent Maryland federal court has slowed down the rush in enforcing unreasonable, employer-mandated arbitration agreements.

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Discrimination Update: Increased Penalty for Violating EEOC’s Posting Rule

Posted on August 15, 2016 in Discrimination & Harassment, Employee Rights

The U.S. Equal Employment Opportunity Commission (“EEOC”) has issued a Final Rule increasing the maximum penalty for covered employers who violate the notice posting provisions of Title VII of the Civil Rights Act of 1964 (“Title VII”), the Americans with Disabilities Act (“ADA”) or the Genetic Information Non-Discrimination Act (“GINA”).

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More Enforcement against Wage Theft is Needed

Posted on August 15, 2016 in Wages, Overtime & Commissions

A very timely article by the Washington Post clearly shows the need for more enforcement for getting employees wages that are owed to them.

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Federal Contractor Employees have New Sex Discrimination Guidelines

The U.S. Department of Labor’s Office of Federal Contract Compliance Programs (OFCCP) issued its Final Rule to update sex discrimination guidelines for federal government contractors. The Final Rule became effective on August 15, 2016.

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Additional Means for Combating Harassment in the Workplace

Posted on July 25, 2016 in Discrimination & Harassment, Employee Rights

The Equal Employment Opportunity Commission (EEOC) recently released a report of its “Select Task Force on the Study of Harassment in the Workplace,” the purpose of which was to move beyond the legal arena and gain insights into preventing workplace harassment from the worlds of social science and practitioners on the ground.

Lebau & Neuworth found the report extremely interesting and insightful, and we want to share a few items with you.

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