Recent Blog Posts
U.S. Supreme Court Rules that Pharmaceutical Sales Representatives Are Not Entitled to Overtime Pay
Under the Fair Labor Standards Act (FLSA), employers are generally required to pay overtime to employees. In Christopher v. SmithKlineBeecham Corp., pharmaceutical sales representatives sued their employers for overtime wages owed pursuant to the FLSA. However, there is an outside salesmen exception to the FLSA. The defendant pharmaceutical company maintained that these employees fell… Read More »
Coleman v. Maryland Court of Appeals: Important Supreme Court Decision Regarding the Family and Medical Leave Act
The Family and Medical Leave Act’s self-care provision permits an employee to take leave if there is a serious health condition that makes the employee unable to perform the functions of the position of such employee. The plaintiff, Daniel Coleman, worked at the Court of Appeals of Maryland when he requested leave under the… Read More »
Making Sure Independent Contractors Are Not Considered Employees
Signing an independent contractor agreement is not enough to make employees independent contractors. Under U.S. employment law, if workers are not properly classified, there can be unexpected liability for the employer. If workers are considered employees and they worked more than 40 hours, they are likely entitled to overtime pay under the Fair Labor… Read More »
Virginia Law Regarding Wrongful Termination
In VanBuren v. Grubb, the plaintiff, Angela VanBuren, claims that her supervisor, Stephen Grubb, sexually harassed her. VanBuren alleges that she rejected Grubb’s repeated advances, which included inappropriate comments, touching, groping and kissing. When Grubb asked VanBuren whether she planned to stay with her husband and she answered affirmatively, he fired her. He provided… Read More »
Tax Breaks for Your Business
Tax planning is critical for businesses, and business owners should explore the tax incentives that are available with their attorneys before some of them expire. The U.S. Small Business Administration has compiled a list of tax breaks that are set to expire on December 31, 2013 unless Congress extends them: Equipment Purchase Deductions: Instead… Read More »
Reducing Estate Taxes Through Comprehensive Estate Planning
Although state estate taxes vary, estates under $5.25 million are currently exempt from paying federal estate taxes. Reducing the taxable estate to be under this threshold amount is one of the main objectives of estate planning, and there are many strategies an estate lawyer can use to help you achieve this. An important tool… Read More »
Tips for Selling a Small Business
Strategic planning is crucial to selling your business. An important step is drafting an accurate sales agreement that contains all relevant terms. The sales agreement should be developed with an attorney and should specify, among numerous other issues, everything a buyer intends to purchase. The U.S. Small Business Administration provides the following comprehensive and… Read More »
Recent U.S. Supreme Court Arbitration Law Decisions
Two recent Supreme Court decisions, Oxford Health Plans, LLC v. Sutter and American Express Co. v. Italian Colors Restaurant, have clarified issues regarding class arbitration. In 2010, the Supreme Court ruled in Stolt-Nielsen S.A. v. AnimalFeeds International Corp. that the Federal Arbitration Act bars class arbitration unless the parties affirmatively agree to it. This… Read More »
Obtaining a Mechanics’ Lien in Maryland
In most states, a person who has improved real property can obtain a mechanics’ lien from the court on the improved property if he or she is not paid. Courts tend to construe mechanics’ liens broadly to provide subcontractors with a remedy when they have already delivered materials or supplied the labor. In Maryland,… Read More »
Ways an Employee May Ask for a Reasonable Accommodation Under the ADA
If an individual with disabilities needs reasonable accommodation at their workplace, the individual must request the accommodation from the employer. When an employee makes their request, an employer should determine whether the employee’s medical condition falls within the parameters of disability under the ADA. Disability is defined by the recent amendments to the ADA… Read More »
