Orioles Concession Stand Workers Exempt From Overtime

the situation Along with the more frequently discussed exemptions, the FLSA contains an exemption for employees of any amusement or recreational establishment, as long as the operations are seasonal.  But what exactly is an amusement or recreational establishment?

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21 States Challenge Changes to Overtime Rule

the situation As all employers are aware, in May 2016, the Department of Labor (“DOL”) announced the final rule related to overtime changes.  From many employers’ perspective, the biggest and most significant change is the dramatic increase in the minimum salary necessary for the executive, administrative and professional exemptions—from $23,660 per year to $47,476 per […]

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Non-compete Agreement Void Based on Misclassification as Independent Contractor

the situation You bring someone on as an independent contractor—and as part of the agreement, he agrees to a non-competition provision. If it is determined that you really should have classified the worker as an employee, could that jeopardize the enforceability of the non-compete?

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Supervisor Faces Individual Liability Under the FMLA

the situation After an employee at a public agency takes a number of weeks of approved FMLA leave, a supervisor begins criticizing her performance harshly (and at times, unjustifiably).  The supervisor ends up giving her a written warning for engaging in conduct that is not generally even disciplined.  When the employee later makes another mistake […]

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Jim Chapman Represents Plaintiff, Receives 100% Treasure Salvage Award in S.S. Central America Case

Federal Judge Announces Favorable Ruling in the Matter of the SS Central America and Recognizes the  Contribution of Odyssey Marine Exploration TAMPA, Fla., Sept. 06, 2016 (GLOBE NEWSWIRE) — Ira Owen Kane, the court-appointed Receiver for the salvor of the SS Central America, Recovery Limited Partnership (RLP), announced today that on August 31, 2016, Chief […]

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Retaliation According to the EEOC

the situation Retaliation claims continue to be a favorite of employees and are the most frequently alleged bases for discrimination.  Employers should be aware of the ever present risks of such claims.  So what is the EEOC’s take on what constitutes retaliation?

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Can’t I Do Something About These Unfounded Discrimination Claims?

the situation Your employee brings a claim of discrimination against your company which you believe is completely meritless. If you pursue a malicious prosecution charge against her, could you face a claim of retaliation?

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Don’t Tread on Me Flag Considered Racist?

the situation You have an employee that frequently wears a shirt displaying the “Don’t Tread on Me” (also known as the Gadsden flag).  Another employee complains of discrimination, claiming that this symbol is creating a hostile work environment.  Could this really be a claim?

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Davenport Elected to Serve as Vice-Chairman of Suffolk Wetlands Board

The firm is proud to announce that Darius Davenport and been elected to serve as Vice-Chairman of the Suffolk Wetlands Board for 2016-2017. The Suffolk Wetlands Board is a seven member body, appointed by the City Council, responsible for the review of requests for permits for the alteration, development, or use of wetlands. The Wetlands […]

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Seven Crenshaw, Ware & Martin PLC Attorneys Named to 2017 Best Lawyers® in America

Crenshaw, Ware & Martin is pleased to announce that seven of its lawyers have been named to the 2017 Edition of Best Lawyers in America. Delphine G. Carnes Project Finance Law Public Finance Law James L. Chapman IV Admiralty and Maritime Law Commercial Litigation Howard W. Martin, Jr. Real Estate Law Donald C. Schultz Bankruptcy […]

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