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Like interns, vocational students often provide some degree of service as part of their vocational program. For this reason, such arrangements are susceptible to the allegation that these services are compensable “work time” under the FLSA. While such allegations have been made in some recent cases, in the first handful of these to reach…

The issue of whether time spent “on-call” is compensable under the Fair Labor Standards Act is a factual analysis, and thus the source of FLSA litigation.  A recent decision finding such time to be non-compensable highlights a preeminent principle in the analysis – in order for on-call time to be non-compensable, an employee must be…

On March 22, 2014, Maryland’s highest court issued a new ruling regarding the scope of an employee’s right to file a lawsuit for unpaid wages under the Maryland Wage Payment and Collection Law (the “MWPCL”), Maryland’s principal wage payment statute.  In Marshall v. Safeway, the Maryland Court of Appeals held that an employee may…

As discussed in greater detail here, effective March 1, 2011, retail employers with 50 or more employees must provide employees working a consecutive 4-6 hour shift with a 15 minute nonworking break and must provide employees working more than 6 consecutive hours with a non-working break of at least 30 minutes. (if the 30…

While the FLSA undeniably provides a plaintiff with the right to assert a statutory claim for unpaid overtime and receive all statutory damages, whether, and under what circumstances, such a claim can be asserted under a state wage and hour law is not always so clear.  In fact, in Maryland, courts had reached conflicting conclusions as to…