We represent employees with issues concerning:
Attorneys at Kahn, Smith & Collins have substantial experience in representing employees in recovering overtime pay under both Maryland and federal law. The Fair Labor Standards Act (FLSA) requires employers to pay non-exempt employees at a rate of not less than one and one-half times their regular rate of pay for hours worked in excess of forty in a workweek. The overtime provision of the FLSA do not protect all employees, however, since there are certain exemptions that apply based upon the type of work being performed and/or the type of business involved. All too often, employers misclassify employees as “exempt” to avoid overtime pay obligations. We can help evaluate whether you are truly “exempt” and whether you are entitled to payment for the overtime you have worked.
Discrimination on the Basis of Sex, Race, National Origin
Kahn, Smith & Collins PA represents individuals who have been discriminated against on the basis of sex, race, or national origin in violation of Title VII of the Civil Rights Act of 1964 and Maryland law. We have represented individuals who have been discriminated against because of their race with regard to hiring, termination, promotion, compensation, and other benefits of employment.
We also litigate claims in which an employer attempts to retaliate against an individual for exercising their rights under the anti-discrimination laws. It is unlawful to retaliate against an individual for opposing employment practices that the individual in good faith believes are discriminatory on the basis of race. An employer may not retaliate against an individual for filing a discrimination charge or participating in an investigation of discrimination.
Discrimination on the Basis of Age
Kahn, Smith & Collins PA represents individuals who have been discriminated against on the age in violation of the Age Discrimination in Employment Act of 1967 (“ADEA”) and Maryland law. The ADEA protects employees and applicants who are 40 years of age or older from employment discrimination based on age. Such discrimination violates the ADEA when it is applied to terms, conditions, or privileges of employment, including hiring, firing, promotion, layoff, compensation, benefits, job assignments, and training.
Pension and Welfare Benefit Claims
Service and disability retirement benefits are frequently one of the most valuable benefits of employment, particularly for employees in the public sector. When an employee seeks the retirement they are due a lot is at stake. Too frequently, an employer or retirement board will try to take advantage of an opportunity to deny an employee the full benefit they are due. If you have an usual circumstance or a difficult claim, you need the assistance of an attorney. Do not gamble and try to handle your claim on your own. We have experience advocating before State and local retirement boards for full and fair benefits to employees.
Unpaid Wages & Time “Off-the-Clock”
Workers are entitled to be paid for their time from the moment they arrive at their job to the end of the workday, with few exceptions. Time spent at the work site preparing for the job is time spent serving your employer. This includes time spent putting on a uniform or protective gear, loading vehicles and gathering supplies. You may be entitled to compensation for the time spent on these activities.
We help employees recover unpaid wages for time spent:
- Driving to pick-up or drop-off materials
- Putting on uniforms and protective gear
- Inspecting, cleaning and maintaining equipment
- Night and weekend setup duties
- Workplace cleanup
Employees are entitled to recover amounts unlawfully deducted from their pay. Under the Maryland Wage Payment and Collection Law wage means all compensation that is due to an employee for employment, and includes a bonus, a commission, a fringe benefit, or any other remuneration promised for service. Maryland law prohibits employers from making deductions from an employee’s wages without the necessary authority. Our attorneys can help recover unlawful deductions made by an employer.
Severance, Separation, & Non-Compete Agreements
We counsel individuals at the inception and at the end of employment to protect their rights and livelihood. We are available for consultations about employment contracts when an offer of employment is first tendered. Our attorneys can assist in negotiating and limiting the terms of non-compete and non-solicitation agreements. We represent individuals when a dispute arises concerning the scope or enforceability of a non-compete agreement.
We are also available for consultation about severance packages, separation agreements, and releases when an employment relationship is terminated. We help individuals understand their rights and options at this crucial moment. We help individuals assess any severance offered and we are available to negotiate better terms when they are due. We help individuals evaluate releases, waivers, and non-compete agreements that may limit redress for wrongs or curtail future employment opportunities.
Family & Medical Leave
The Family and Medical Leave Act of 1993 (FMLA) requires covered employers permit employees to take up to twelve (12) weeks of unpaid leave for serious health conditions, to care for a close family member with a serious health condition, and for the birth or adoption of a child. Circumstances that implicate the FMLA include cancer treatment, orthopedic surgery, treatment for chronic disease, long-term care for a child or parent, and psychiatric treatment. A covered employer generally cannot refuse to permit qualifying leave. A covered employer is generally required to reinstate the employee upon return from leave. An employer may be liable for damages to an employees if the employer refuses unpaid medical leave upon a proper showing of qualified need, or if the employer retaliates against the worker for utilizing FMLA rights. Our attorneys have experience helping employees protect their rights under the FMLA.