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Collins v. Quest Diagnostics Nichols Institute, Inc.

On May 28, 2013, our Towson, MD employment law firm filed a lawsuit  in federal court against Quest Diagnostics Nichols Institute, Inc. for alleged violations of the what rights does it provide me?” href=”http://employmentattorneymd.com /employment-law-blog/05/2013/what-is-the-fmla-and-what-rights-does-it-provide-me/”>Family and Medical Leave Act (“FMLA”) and the Fair Labor Standards Act (“FLSA”). To learn more about the case or to download the complaint, visit our Recent Cases page.

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Bruce Luchansky May 28 No Comments

Jones v. The Children’s Guild, Inc.

On May 28, 2013, our Maryland workplace attorneys filed a lawsuit  in federal court against The Children’s Guild, Inc. for alleged violations of the FMLA and FLSA. The lawsuit was brought on behalf of a former employee who worked in the position of a “Day Manager.”  To learn more about Jones v. The Children’s Guild, Inc. or to download the complaint, visit our Recent Cases page.  

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Bruce Luchansky May 28 No Comments

Sexton v. Tiffin Mats, Inc., Dan Tiffin and Linda Tiffin

On May 23, 2013, our Maryland workers” rights attorneys filed a lawsuit in federal court against Tiffin Mats—along with its owners, Dan Tiffin and Linda Tiffin.  In the lawsuit, it is alleged that Tiffin Mats violated the FLSA and MWHL by failing to pay the Plaintiff at the legally required overtime rate for hours worked in excess of 40 during a workweek. To learn more about this case or cases like it, visit our Recent Cases page. If you believe your employer is in violation of any of these laws, please contact us today for a consultation. 

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Bruce Luchansky May 23 No Comments

Thomas v. TrayPML, Inc. d/b/a Tray, Inc.

On May 22, 2013, the Maryland employment lawyers of Luchansky Law filed a lawsuit in Baltimore City Circuit Court against TrayPML, Inc.—which does business simply under the name “Tray” or “Tray, Inc.”—alleging a violation of the Maryland Wage Payment and Collection Law (“MWPCL”) and breach of contract. To learn more about this case or cases like it, please visit our Recent Cases page.

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Bruce Luchansky May 22 No Comments

Rights of Government Employees

Maryland workplace law attorney Bruce Luchansky answers the question: “I am a government employee. What are my rights when faced with termination?” Most employees who work for the government – whether at the federal, state, or local level – have constitutional rights against being fired without receiving “due process of law.” In practical terms, that means that most government employees are entitled to receive certain procedures, both before termination of employment and afterward. Before termination, you may be entitled to receive advance notice of the basis for your proposed termination of employment, the evidence that exists to support it, and an opportunity to tell your side of the story. If you are fired even after such a meeting, you may be entitled to receive a hearing before a neutral decision-maker to review the termination decision. If your employment has been terminated without receiving these procedural rights, you may have grounds for a lawsuit to recover damages for violating your rights. If you are a government employee facing the possibility of termination of your employment, contact Luchansky Law so that one of our experienced Maryland workplace law attorneys can assist you in obtaining all of the legal protections to which you are entitled.  

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Bruce Luchansky May 21 No Comments

FLSA & MWHL Violations

On May 14, 2013, our Maryland employment law firm filed its First Amended Complaint in a federal case which has brought against Montgomery Hospice, Inc. and which alleges violations of the Fair Labor Standards Act (“FLSA”) and the Maryland Wage and Hour Law (“MWHL”).  The case is styled Uche v. Montgomery Hospice, Inc., et al., Civil Action No. 8-13-cv-00878-AW. To learn more about this case or to download the complaint, visit our Recent Cases page.

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Bruce Luchansky May 14 No Comments

Employer’s Authorization Before Working Overtime in Maryland

Maryland overtime attorney Bruce Luchansky answers the question: “Does it matter that I did not obtain my employer’s authorization or prior approval to work overtime?” This question involves one of the many confusing wrinkles of overtime law – and it works in favor of the employee. The answer is NO, it does not matter (for purposes of being entitled to be paid) that the employee did not obtain the employer’s authorization or prior approval before working overtime. As long as the work is for the employer, the employee is entitled to be paid for it. Be aware, however, of the wrinkle. If a company has a policy against working overtime without obtaining prior approval, the company is permitted to discipline you – even fire you, if that is the company’s policy. But your employer cannot elect not to pay you for the time you worked just because you did not obtain prior approval. Overtime issues are confusing, and it makes sense to speak with an experienced Maryland overtime claims lawyer. If you believe that your employer owes you overtime or other wages, feel free to give us a call at Luchansky Law, and an Maryland overtime violation lawyer will explain clearly what your rights are.  

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Bruce Luchansky May 14 No Comments

How Long Do I Have to File an Overtime Pay Claim?

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 “willful.” These time frames are very important, particularly for long-time employees who have terminated their employment. Here’s why. Assume that you have been working as an hourly employee for a company for 5 years. You regularly have worked 45 – 50 hours a week, but you and your employer agreed that you would receive only straight time for all hours. Suddenly, a new supervisor comes on the scene, takes a disliking to you, and fires you. You now decide you want your overtime pay. How much can you recover? Assuming for this example that the failure to pay overtime was willful, you can “go back” three years from the date you file your lawsuit. Therefore, if you were to be fired on June 1, 2013, your claim can “go back” for the period that games for girls began on June 1, 2010. But keep in mind that the “look back” period begins from the date that you file your lawsuit, not from your last day of employment. So, if you wait to file your lawsuit until July 1, 2013, you can only sue for the period from July 1, 2010 through July 1, 2013. So what’s the problem? Since you no longer are working, your three-year period covered by the lawsuit includes a month in which you were not working and for which you have no overtime claim. Meanwhile, the June 2010 month for which you had a claim when you were fired has “fallen off” the back end of the claim period. Similarly, if you file your lawsuit on August 1, 2013, then the claim period covers August 1, 2010 through August 1, 2013, and two months of that three-year period do not contain wages. Your claim for overtime continues “dropping off” the back end of the period. The lesson is that time is of the essence when it comes to overtime claims. If you suspect that you are entitled to overtime, contact our Maryland overtime attorneys right away. Our employment law attorneys can assess your situation, let you know if your rights have been violated, and can pursue a claim on your behalf to recover the full compensation to which you are entitled.  

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Bruce Luchansky May 7 No Comments

Protection Against Discrimination in Maryland Workplaces

Baltimore County, MD employment attorney Bruce Luchansky answers: “Are there laws that can protect me against discrimination in my place of employment?”  Absolutely.   But the laws only protect against certain types of discrimination, so it is important to know what types of discrimination are illegal.  In Maryland, employers may not discriminate on the basis of race, color, sex, religion, national origin, ancestry, alienage, age, disability, marital status, sexual orientation, and genetic information.   If you believe that you have been discriminated against because of any of these characteristics, you should contact an experienced Maryland employment law attorney right away to determine if your rights have been violated.

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Bruce Luchansky Mar 23 No Comments

Proving Overtime Calculations

Maryland overtime attorney Bruce Luchansky answers: “How can I prove that my overtime pay calculation is accurate and that I actually worked the hours that I spent working overtime?” It is the employer’s obligation to keep track of an employee’s hours worked, not the employee’s.  All employers must implement a system for keeping track of those hours, which may be a time sheet, a time clock, or any other method of accurately recording the hours worked.  You always should record all hours worked on the employer’s time keeping system.  Nevertheless, if you suspect that you are not being paid properly for overtime, keep track of your overtime hours in a separate notebook, on your calendar, or any other note keeping system.  In fact, the Department of Labor has produced a smart phone app for that very purpose. Go to https://itunes.apple.com/us/app/dol-timesheet/id433638193?mt=8 for a screen capture of the iTunes page describing the app.  Even if you haven’t kept these records, don’t worry – an employee’s testimony goes a long way in overtime cases, especially if the employer has not met its responsibility of keeping accurate time records.   If your employer is shortchanging you for overtime hours worked, call a Maryland overtime violation lawyer with experience in FLSA wage and hour cases to assist you in recovering the unpaid wages you earned.

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Bruce Luchansky Mar 20 No Comments

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