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Individual Employment Status: Dancing Around Employment Qualifications

March 2016

The problem of whether an individual qualifies as an employee or an independent contractor has plagued employers for quite some time. An employer undoubtedly may believe that an individual they contract with is not an employee of the business; however, the Courts have taken a liberal approach in defining the factors that qualify that person to be "employed." Full Article
Guidance Addresses "Joint Employment" In Temp Worker Situations

January 2016

Where virtually all successful businesses are concerned, a qualified workforce is a necessity. Depending on the nature of the business it is possible that a company could use a variety of approaches to secure the necessary workforce. One approach used by some businesses throughout the United States is temporary or contract workers. Full Article
Classification of NFL Cheerleaders an Issue in Wage and Hour Case

January 2016

In an earlier post we discussed the fact that over the course of the last 15 years, wage and hour claims have risen dramatically. In that post we mentioned that misclassification could be one of the reasons for the increase. Because it is possible that people engaged in a variety of occupations could file these claims, many different types of employers could find that they are defending against wage and hour claims. Full Article
Public Relations Firm Closes Following Sexual Harassment Claims

January 2016

Many people were likely shocked when public relations firm FitzGibbon Media suddenly shut down last month. They may have been even more shocked to learn the reason for the abrupt closure. The closure of the public relations firm, that worked with many progressive movements, came after multiple reports surfaced that the president of the firm was sexually harassing female employees. In two cases he was also accused of sexual assault. Full Article
Businesses Can Reduce Risk of Wrongful Termination Lawsuits

December 2015

For most businesses a strong workforce is a big part of succeeding. Accordingly, having the right people on staff is imperative. When a worker who is hired as an at-will employee is not working out, a business may let that person go and find a replacement. While some workers will understand why this has happened, others may not and decide to take legal action against the former employer. Full Article
Employers Should Be Aware of Less Obvious Forms of Discrimination

December 2015

Employers throughout Maryland are likely aware they need to take steps to keep workplace free from discriminatory actions. Among other things, it is against the law to discriminate against workers based on religious beliefs, race and gender. To prevent this from occurring, workplaces need to train employees on the types of behavior that are acceptable. While workers may not engage in more obvious forms of discriminatory behavior, more subtle forms can be harmful as well. Full Article
Wage and Hour Claims Increase Dramatically

December 2015

Employment disputes can arise in a variety of settings. One type of claim a business could find it is defending against is a wage and hour claim. Wage and hour laws are memorialized in the Fair Labor Standards Act. In addition to setting overtime levels, the law also sets the nation’s minimum wage. According to a recent report, it is becoming more and more common for businesses to be involved in wage and hour litigation. Full Article