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.Read More
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.Read More
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.Read More
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.Read More
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.Read More
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.Read More
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”).Read More
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.Read More
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.Read More