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“Working” Tavern Owner Not Entitled to Share in Tip Pool

In a recent case of first impression in the Fourth Circuit, the Court ruled that the owner of a restaurant/tavern, who is also a bartender, may not lawfully participate in his employee bartenders tip pool under the Fair Labor Standards Act.

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Court Enters $1.3 Million Dollar Judgment in Favor of Two Employees for Unpaid Wages

On February 18, 2011, Judge John McDowell, a Washington County Circuit Court Judge, entered judgment in favor of two clients who were former employees of Defendant IOT Systems.

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Failure to Register with Selective Service — OPM Rules in Favor of Two Clients

This week, the Director of OPM issued his determination that several of my clients (one is an employee of the U.S. Department of Defense and the other an applicant with the U.S. Mint), had overcome the presumption that their failure to register with the Selective Service had been knowing and willful.

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Using Employer’s Email to Communicate with Attorney May Lead to Loss of Attorney-Client Privilege

In an interesting recent case, an employee who had sued her employer claiming discrimination was not entitled to assert the attorney-client privilege with respect to her email communications with her attorney in the litigation because they were sent from her work email account, a California appeals court has ruled.

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Overtime Compensation — Myths and Realities

If you keep up with legal news, you will almost certainly have noticed the proliferation of litigation concerning entitlement to overtime compensation, including collective actions where large numbers of employees sue their employers for unpaid overtime.

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Congress Considers Extension of Emergency Unemployment Benefits

As you may have seen in the news, the United States Congress is currently considering an extension of the Emergency Unemployment Compensation (EUC) Program as part of President Obama's compromise legislation.

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Marc J. Smith Appears on “Law School for The Public” on Wage and Hour Segment

Recently, I was invited to participate as a guest commentator on a segment of “Law School for the Public,” an educational program appearing on cable television in Montgomery County, Maryland.

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Extended Unemployment Benefits Expire

On November 30, 2010, extended unemployment benefits, which had been expanded by the federal government by a period of 73 weeks (normally individuals can collect a maximum of 26 weeks), expired potentially leaving several million people without a source of income over the holidays.

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Arbitrator Awards Attorney’s Fees to Client in Severance Dispute Against Local Financial Company

Early in March 2010, we initiated an arbitration action against a local financial firm that purchases structured settlements and lottery winnings.

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Court Orders Facebook to Produce “Private” Information

In an interesting recent case, Romano v. Steelcase, Inc., an employee alleged she had suffered a workplace injury that caused significant physical harm, including an injury to her neck and back and “pain and progressive deterioration with consequential loss of enjoyment of life.”

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