Employee misclassification is an area of employment law that has steadily become a prominent subject of litigation in recent years. The decision of whether a specific worker is properly identified as an employee or...more
The construction industry feeds a significant part of the U.S. economy, providing millions of short- and long-term jobs across the country on an annual basis. Since the passage of the Infrastructure Investment and Jobs Act in...more
On July 13, 2022, Maryland’s highest court issued a wide-reaching decision in Amaya v. DGS Construction, LLC that could have a substantial impact on personnel costs for companies doing business in Maryland. The unanimous...more
The Fair Labor Standards Act (FLSA) and state or local wage-and-hour statutes establish federal and state minimum wage, overtime pay, and recordkeeping requirements. All restaurants are subject to either the FLSA or state or...more
12/14/2021
/ Anti-Retaliation Provisions ,
Best Practices ,
Class Action ,
Collective Actions ,
Employer Liability Issues ,
Employment Litigation ,
Fair Labor Standards Act (FLSA) ,
Minimum Wage ,
Notice Requirements ,
Over-Time ,
Recordkeeping Requirements ,
Rest and Meal Break ,
Restaurant Industry ,
Tip Credit ,
Tipped Employees ,
Tips ,
Wage and Hour
The Fair Labor Standards Act (FLSA) and state or local wage-and-hour statutes establish federal and state minimum wage, overtime pay, and recordkeeping requirements. All restaurants are subject to either the FLSA or state or...more
8/27/2021
/ Audits ,
Best Practices ,
Class Action ,
Collective Actions ,
Employer Liability Issues ,
Employment Litigation ,
Fair Labor Standards Act (FLSA) ,
Minimum Wage ,
Over-Time ,
Recordkeeping Requirements ,
Restaurant Industry ,
Tipped Employees ,
Wage and Hour ,
Webinars
The COVID-19 pandemic has been particularly difficult for the food and beverage industry. With stay-at-home orders, operational capacity restrictions, and indoor dining limitations imposed on restaurants and bars across most...more
5/7/2021
/ Business Interruption ,
Coronavirus/COVID-19 ,
Employer Liability Issues ,
Employment Litigation ,
Fair Labor Standards Act (FLSA) ,
Hospitality Industry ,
Human Resources Professionals ,
Pay Data ,
Relief Measures ,
Restaurant Industry ,
SBA ,
Small Business ,
Wage and Hour
Government contractors and commercial businesses alike frequently retain consultants and independent contractors to perform certain types of work, particularly in the construction, healthcare, and information technology...more
5/5/2021
/ Consultants ,
Employee Definition ,
Employer Liability Issues ,
Gig Economy ,
Hiring & Firing ,
Human Resources Professionals ,
Independent Contractors ,
Misclassification ,
State and Local Government ,
State Labor Laws ,
Virginia ,
Wage and Hour
The Fair Labor Standards Act (FLSA) establishes federal minimum wage, overtime pay, and recordkeeping requirements. Administration of the FLSA can be complex, with the consequences of violation leading to stiff penalties. In...more
3/2/2021
/ Audits ,
Back Wages ,
Best Practices ,
Defense Strategies ,
Department of Labor (DOL) ,
Employer Liability Issues ,
Employment Litigation ,
Fair Labor Standards Act (FLSA) ,
Minimum Wage ,
Over-Time ,
Recordkeeping Requirements ,
Risk Mitigation ,
Unpaid Wages ,
Wage and Hour
Native American Law & Tribal Advocacy -
The First 100 Days: President Biden Signs Memo on Tribal Consultation and Strengthening Nation-to-Nation Relationships -
Last week, President Biden signed a Memorandum on Tribal...more
The Fair Labor Standards Act (FLSA) establishes federal minimum wage, overtime pay, and recordkeeping requirements. Administration of the FLSA can be complex, with the consequences of violation leading to stiff penalties. In...more
1/27/2021
/ Audits ,
Back Wages ,
Best Practices ,
Continuing Legal Education ,
Defense Strategies ,
Department of Labor (DOL) ,
Employer Liability Issues ,
Employment Litigation ,
Fair Labor Standards Act (FLSA) ,
Minimum Wage ,
Over-Time ,
Recordkeeping Requirements ,
Risk Mitigation ,
Unpaid Wages ,
Wage and Hour ,
Webinars
Almost thirty years ago, Maryland’s General Assembly passed the Equal Pay for Equal Work Act (Act), imposing an obligation on Maryland employers to pay employees equal amounts for the same work, regardless of the employee’s...more
12/8/2020
/ Employer Liability Issues ,
Employment Discrimination ,
Equal Pay ,
Equal Pay Act ,
Gender-Based Pay Discrimination ,
Hiring & Firing ,
Job Applicants ,
New Legislation ,
Pay Equity Laws ,
Pay Gap ,
Salary/Wage History ,
State and Local Government ,
State Labor Laws ,
Wage and Hour
FALSE CLAIMS ACT / LITIGATION / CYBERSECURITY & DATA PRIVACY -
Have the Flood Gates Opened?: Cisco Settles First-Of-Its-Kind Cybersecurity False Claims Act Litigation -
On July 31, 2019, a False Claims Act matter...more
8/5/2019
/ Cisco ,
COFC ,
Cybersecurity ,
Debt Collection ,
Department of Defense (DOD) ,
Department of Justice (DOJ) ,
Department of Labor (DOL) ,
False Claims Act (FCA) ,
Federal Contractors ,
General Services Administration (GSA) ,
NAICS ,
Small Business ,
Wage and Hour
GOVERNMENT CONTRACTING -
According to a Washington Technology article, just because government agencies reopened after five weeks of a shutdown does not mean things return to business as usual. In fact, the article...more
2/4/2019
/ ADEA ,
Arbitration ,
Arbitration Awards ,
Centers for Medicare & Medicaid Services (CMS) ,
Criminal Conspiracy ,
Davis-Bacon Act ,
Debt Collectors ,
Department of Education ,
Department of Labor (DOL) ,
Employment Discrimination ,
Fair Labor Standards Act (FLSA) ,
False Claims Act (FCA) ,
Federal Acquisition Regulations (FAR) ,
Federal Budget ,
Federal Contractors ,
FOIA ,
Government Shutdown ,
Independent Contractors ,
NLRB ,
Trump Administration ,
Unions ,
Wage and Hour
Earlier this year, in “Restaurant Industry Headed To U.S. Supreme Court Over Tipping Practices”, I wrote about the Department of Labor’s (“DOL”) 2011 Regulation related to restaurant tip distribution practices and its journey...more
In 2014, the U.S. Department of Labor (“DOL”) Wage and Hour Division launched an aggressive enforcement initiative aimed at ensuring companies in the restaurant and food service industry comply with the federal minimum wage,...more
In recent years, you may have seen or heard advertisements asking a generic question: “are you sure that your boss is paying you correctly?” The increased targeting of employers in the media means that companies, both large...more
Special Labor and Employment Issue -
This issue of the Legal Advisor is a special edition focusing entirely on Labor and Employment topics. The articles in this issue highlight challenges we often encounter and help...more
5/2/2017
/ Americans with Disabilities Act (ADA) ,
Collective Bargaining Agreements (CBA) ,
Davis-Bacon Act ,
Department of Labor (DOL) ,
Employer Liability Issues ,
Equal Employment Opportunity Commission (EEOC) ,
Fair Labor Standards Act (FLSA) ,
Family and Medical Leave Act (FMLA) ,
Federal Contractors ,
Service Contract Act ,
Wage and Hour