An employer refused to pay employees for any breaks lasting more than 90 seconds.
Twice now, this selfish employer lost in court, first before the trial court and just recently before the Third Circuit Court of Appeals.
Employment lawyers have seized on this case, writing blogs on it as if it were some huge, unexpected employer loss.
The U.S. Department of Labor has long held that “[r]est periods of short duration, running from 5 minutes to about 20 minutes … must be counted as hours worked. Compensable time of rest periods may not be offset against other working time such as compensable waiting time or on-call time.”Read More
If an employee is required to meet at an employer’s place of business to perform job duties before traveling to a jobsite or return there at the end of the day before going home, the employer may have to pay the employee for his or her travel time.Read More
You could have a rock-solid discrimination, harassment and/or retaliation case, or even a breach of contract case, and win at trial and (surprise) recover absolutely nothing if you fail to look for another job – what the law calls “mitigate damages.”Read More
Maryland’s minimum wage has now been rasied to $9.25 per hour, a 50-cent increase, as part of incremental increases approved in 2014 by Governorner Martni O'Malley to take place over several years. Next year, the minimum wage is set to increase to $10.10 per hour.Read More
You ARE entitled to overtime pay if you are paid by the hour and work more than 40 hours in a workweek -- but that may change if a Republican-passed bill in the U.S. House of Representatives becomes law, which it should not!Read More
One of the more misunderstood laws is that through which employers are exempt from paying overtime wages to computer/IT professionals – and, therefore, it is often most abused by some employers.Read More
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.Read More
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.Read More
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.Read More
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.”Read More