In Campusano v. Lusitano Construction, LLC, et al., No. 1529 (Md. Ct. Spec. App. Nov. 21, 2012) (Matricciani, J.), the Maryland Court of Special Appeals concluded that individuals may be “employers” and therefore be liable under Maryland’s Wage Payment and Collection Law (MWCPL). Francisco de Oliveria worked for his son’s business, Lusitano Construction, LLC. As a supervisor of a construction project, Francisco “set [employees’]...read more
Kollman & Saucier
With the results of the Presidential election now in, its time to answer a question I’ve heard from a number of clients today: what does President Obama’s reelection mean for employers? The short answer: you can expect to see a lot of blog posts from us about aggressive enforcement initiatives by the NLRB, DOL, EEOC, and other enforcement agencies. In this post, I’ll give you a high level overview of what I think we are going to see. NLRB:...read more
Kollman & Saucier
With many offices closed today, and more likely to remain and be closed tomorrow, we wanted to remind employers about pay rules in place for weather-related closings. Most exempt employees who are paid on a salary basis are not subject to pay reductions because of a business closure. Indeed, even if an exempt employee misses a full day of work, an employer may not reduce the employee’s weekly salary. It is important not to improperly reduce an...read more
For almost 50 years, New York has had one of the most restrictive state laws on deductions from wages. Under Labor Law Section 193, wage deductions were permissible only when required by law or limited to “payments for insurance premiums, pension or health or welfare benefits, contributions to charitable organizations, payments for United States bonds, payments for dues or assessments to a labor organization, and similar payments for the benefit...read more
By Eric Paltell One of the more obscure provisions of the Patient Protection and Affordable Care Act (a/k/a “Obamacare”) amends the Fair Labor Standards Act (“FLSA”) to require employers to provide break time and a private place for employees to express breast milk for nursing children. Although the amendments did not expressly give employees a right to sue employers who do not comply with the law, a recent federal court decision holds...read more
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