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

Posted on April 6, 2017 in Disability Laws, Discrimination & Harassment, Employee Rights, Employment Law

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.

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

Posted on March 17, 2017 in Employee Rights, Employment Law, Wages, Overtime & Commissions

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.

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

Posted on March 7, 2017 in Employee Rights, Employment Law, False Claims & Whistleblowing, Personal Injury, Workers Compensation

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.

State Law Claims Against Benefit Plans May Be Preempted by ERISA

Posted on February 27, 2017 in Employee Benefits, Employment Law, Health Care and Healthcare

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.

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

Posted on February 13, 2017 in Employee Classification, Employee Rights, Employment Law, Wages, Overtime & Commissions

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.

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

Posted on February 7, 2017 in Employee Benefits, Employee Classification, Employee Rights, Employment Law, False Claims & Whistleblowing, Non-compete Agreements, Wages, Overtime & Commissions

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.”

Comprehensive New Rules Govern Reporting of Doctors, Health Care Providers

Posted on January 30, 2017 in Employee Rights, Employment Law, Health Care and Healthcare

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.

EEOC Issues New Guidance on Mental Health Conditions

Posted on January 27, 2017 in Disability Benefits, Discrimination & Harassment, Employee Rights, Employment Law, Family & Medical Leave Act, Leave of Absence

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

Customer Harassment is Unlawful – and the Employer is Liable

Posted on January 17, 2017 in Discrimination & Harassment, Employee Rights, Employment Law

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.

EEOC Achievements in 2016 Highlighted by Discrimination Resolutions

Posted on January 12, 2017 in Discrimination & Harassment, Employee Rights, Employment Law

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.