On May 31, 2013, our Maryland employment law lawyers filed an Amended Complaint in the Circuit Court of Baltimore County against Baltimore County Public Schools for alleged violations of the Fair Labor Standards Act (“FLSA”), the Maryland Wage and Hour Law (“MWHL”), and the Maryland Wage Payment and Collection Law (“MWPCL”). To learn more about this case visit our Recent Cases page.
The “FMLA” is the Family and Medical Leave Act, a federal law that protects an employee’s job when the employee takes leave because of a serious health condition, or on account of the birth or adoption of a baby. The protections under the FMLA are strong – but not everyone qualifies for coverage. Therefore, it is important to know what the FMLA covers – and what it does not. Here are the basics: What do eligible employees “get”? The FMLA entitles eligible employees to receive up to 12 weeks per year of unpaid leave if the employee or a family member suffers from a serious health condition, or the employee experiences the birth or adoption of a child. Employers may not discriminate against or retaliate against employees who take FMLA leave. Upon completion of leave, the employer generally must restore the employee to their previous position, or to an equivalent position. Which employers are covered, and which employees are eligible? The FMLA does not apply to small employers. Companies must have at least 50 employees on their payroll (for a certain period of time) in order for companies to be required to comply with the FMLA. Employees who work for such a company also do not become eligible under the FMLA right away. Employees must have worked there for at least a year, and they must have worked at least 1,250 hours during the past 12 months. Schedule a Consultation If you suspect that you have been wrongfully denied your FMLA rights, or if you believe your employer has retaliated against you for taking FMLA leave, it is essential that you speak with an experienced Maryland workplace lawyer at once. Time limits apply on the right to bring a claim under the FMLA, and it is important to act quickly to secure your rights. Feel free to call the Maryland workplace attorneys at Luchansky Law for a consultation at 410.522.1020.
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.
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.
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.
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.
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.
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.
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.
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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