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
In many states, employees owe a duty of loyalty to their employer as long as they remain on the employer’s payroll. In other words, employees must generally act in the best interests of their employer—and not solely for their...more
10/12/2022
/ Best Interest Standard ,
Breach of Duty ,
Confidential Information ,
Duty of Loyalty ,
Employer Liability Issues ,
Employment Contract ,
Employment Litigation ,
Employment Policies ,
Hiring & Firing ,
Human Resources Professionals ,
Non-Compete Agreements
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
LITIGATION & DISPUTE RESOLUTION -
Watch Your Step: Avoiding False Claims Act Violations from Limitations in Subcontracting and Performance of Work Requirements -
Members of the government contracting community are...more
9/24/2021
/ Biden Administration ,
Coronavirus/COVID-19 ,
Department of Defense (DOD) ,
Employer Liability Issues ,
False Claims Act (FCA) ,
Federal Acquisition Regulations (FAR) ,
Federal Contractors ,
Fraud ,
General Services Administration (GSA) ,
Human Resources Professionals ,
SBA ,
Small Business
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
Protecting Your Company Against Revenue Clawbacks: Preference Actions (Part 3 of 3) -
This is the final part of our three-part series on revenue clawbacks. The scenario: a customer or teaming partner goes bankrupt and then...more
5/20/2021
/ Afghanistan ,
Biden Administration ,
Commercial Bankruptcy ,
Coronavirus/COVID-19 ,
Corporate Counsel ,
Cybersecurity ,
Department of Defense (DOD) ,
Employer Liability Issues ,
Employment Litigation ,
Federal Contractors ,
Government Agencies ,
Hiring & Firing ,
Popular ,
Restaurant Industry
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
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
LABOR & EMPLOYMENT -
2021 Labor and Employment Spotlight: A List of Key Legal Updates for Employers -
Undeniably, 2020 was a year like no other. Faced with a global pandemic and a tumultuous election, employers were...more
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
COVID-19 has exacerbated the issue of paid time off shortages in the workplace and created new questions about legal liability stemming from mandatory worksite and school closures and cautious workforce protection measures...more
COVID-19 has exacerbated the issue of paid time off shortages in the workplace and created new questions about legal liability stemming from mandatory worksite and school closures and cautious workforce protection measures...more
As always, PilieroMazza’s primary focus is to keep our clients, resource partners, and the business community at large informed on how our attorneys can help you address your business and legal concerns. With Coronavirus...more
3/16/2020
/ Act of God ,
Asset Protection ,
Contract Disputes ,
Coronavirus/COVID-19 ,
Employer Liability Issues ,
Employment Contract ,
Employment Litigation ,
Federal Contractors ,
Health and Safety ,
Infectious Diseases ,
Public Health ,
Webinars
The vast majority of states are at-will employment states, which means that an employer may terminate an employee for a good reason, a bad reason, or any reason at all, so long as the basis for termination does not violate a...more
On May 15, 2018, Maryland Governor Larry Hogan signed into law the Disclosing Sexual Harassment in the Workplace Act of 2018. Described by bill sponsor Craig Zucker (D-Montgomery) as a “national model,” the law, which goes...more
The Mandatory Disclosure Rule: Mitigating Risk When the Requirement for Disclosure Is Not Clear -
Most federal contractors are aware that the mandatory disclosure rule requires that contractors timely disclose “credible...more
This week, the New York-based United States Court of Appeals for the Second Circuit became only the second federal appellate court to rule that Title VII of the Civil Rights Act of 1964 prohibits employment discrimination on...more
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
For the last several weeks, media outlets have reported on sexual harassment almost constantly. Indeed, the media makes it seem like sexual harassment claims are levied against a new public figure each day. To put this...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