How do three Federal Circuit Courts of Appeals hear separate but factually identical cases, yet come to three distinct holdings? That is what happened recently when one set of facts with different plaintiffs was litigated in the Ninth, Fifth, and Ele…
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President Trump signed into law the Families First Coronavirus Response Act, an economic stimulus plan aimed at addressing the impact of the COVID-19 outbreak. The new law, which goes into effect on April 2, 2020, impacts all businesses with fewer th…
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United States Magistrate Judge Stephanie A. Gallagher recently granted an FLSA Plaintiff employee’s Motion to Dismiss Counterclaims filed by his Defendant employer. Detailed excerpts from the Opinion are presented below. Most importantly, the C…
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In Aviles-Cervantes v. Outside Unlimited, Inc., No. CV RDB-16-1214, 2017 WL 3916985 (D. Md. Sept. 7, 2017), Plaintiffs alleged, inter alia, that Defendant Outside Unlimited failed to pay workers for approximately 1–2 hours of work per day for time…
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The United States Court of Appeals for the Fourth Circuit recently affirmed a judgment finding an employer’s violations of the Fair Labor Standards Act (“FLSA”). McFeeley v. Jackson St. Entm’t, LLC, 825 F.3d 235 (4th Cir. 2016…
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Employers must be aware of the rapidly changing body of law on the misclassification of workers. Classification of workers as independent contractors rather than employees is covered by a wide range of federal and state laws. Making the wrong decisio…
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Maryland courts are increasing their application of the law of personal liability to business owners in certain cases. Business owners need to be aware of this trend and, rather than seek to insulate themselves from decisions regarding employee compe…
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Employees who work at shipyards or city ports—or on tankers, oil rigs or similar locations—are often wrongfully denied overtime wages which they are legally entitled to receive. The employers typically argue that the employees are not entitled to…
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Maryland employees generally have two years to file a claim for unpaid overtime wages against their employer or former employer. That period can be extended to three years if the employee can prove that the employer’s failure to pay overtime was â€â€¦
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Imagine the following scenario. You work for a small company, ABC Widgits Corp., where the owner is involved in the day-to-day operations of the Company. She hired you, she established your hourly rate, and she set your schedule. And when she fired y…
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