Posted on July 11, 2020 in Employment Law

For most non-professional workers (even many supervisors), employers are required to pay overtime, which is a higher rate of pay (1.5 times) for all hours worked over 40 in a work week. But many employers violate the law and don’t pay overtime, especially in construction, cleaning, delivery and restaurant industries. Instead, they pocket the extra money for themselves and commit wage theft.

Has Your Employer Used Clever Trickery to Deprive You of Overtime Pay?

There are two illegal tactics employers often use to avoid paying overtime. One is to put you on a salary. But this violates the law, because salaried employees are entitled to extra pay for overtime hours, just like hourly workers. The other illegal tactic is to falsely label you as an "independent contractor". However, the vast majority of so-called "independent contractors" are really employees, who are entitled to overtime pay. So, don’t be fooled!

Do you have questions?

If you think that your employer is committing minimum wage or overtime violations, you may be eligible for back pay and statutory damages (an additional amount up to three times the back pay). And, you generally have three or more years to file a claim in court. If you have questions, contact a lawyer who is experienced in this area of employment law. *This information on this blog is not nor is it intended be legal advice. You should consult a lawyer for individual advice regarding your particular situation.

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 Posted on June 24, 2020 in Employment Law

EMPLOYERS ARE NOW REQUIRED TO PROVIDE TWO WEEKS OR MORE OF PAID SICK LEAVE FOR COVID 19-RELATED ABSENCES!

When Am I Eligible for Two Weeks of Paid Sick Leave

You may be eligible if you miss work because:

• You are required to quarantine or need to care for a quarantined family member or
• You had COVID-19 symptoms and are waiting for a formal diagnosis or
• You need to care for a child, under the age of 18, whose school or child care provider was closed because of COVID-19.

Do I Ever Get More Than Two Weeks of COVID-Related Sick Leave?

Yes. If your employer has 50 or more employees and you have been employed by that employer for more than 30 days, you are entitled to an additional 10 weeks of paid leave if you missed work to care for a child whose school or childcare provider was closed due to COVID-19. Employers with less 50 employees are also covered, if they do not obtain a government waiver due to hardship.

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 Posted on June 15, 2020 in Employment Law

If you miss work because you or a family member is ill, injured, needs medical treatment orpsychological counseling or therapy, your employer may be required to provide you with paidsick leave for missed work days.

Am I Covered by the D.C. Sick and Safe Leave Act?

This law applies to you if you regularly spend all or just over half your working time in theDistrict of Columbia (even if your employer’s offices are located out-of-state) or if you spend atleast one quarter of your working time in the District of Columbia and your employer has officesthere.

If I Qualify, How Much Paid Sick Leave Do I Get?

Depending on the size of your employer, you are entitled to receive anywhere from 3 to 7 daysof paid sick leave per year, which continues to accumulate from year to year, as long as youremain employed with the same employer. You begin accumulating sick leave each week afterbeing employed for 90 days. You are not entitled to more paid-sick leave than you have earned.

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 Posted on April 10, 2020 in Employment Law

Are you behind on bills, and your employer still owes you a paycheck? Have you tried to request payment and haven’t received a response, or even worse has your request been denied?

You are entitled to your pay no matter what the current global pandemic has caused. At Melehy & Associates, we offer free consultations for wage and hour cases. Contact us to discuss what happened and we will be able to provide you with our honest assessment of the situation to see if we can assist you in contacting your employer.

This is a challenging time—we are here to help those of you who need guidance during this time of uncertainty. Our goal is simple: we want you to get what is legally yours.

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 Posted on April 08, 2019 in Employment Law

Are you allowed to take family medical leave?

If you have a sick family member at home, or have an illness of your own, you may be wondering how much time you can take from work. The Family Medical Leave Act (FMLA) answers this question for you.

The FMLA covers many U.S. workers, allowing them to take up to 12 weeks of unpaid leave in a 12-month timeframe. Although your employer does not have to pay you for the 12 weeks, they do have to keep your job (or a similar job) open for you to return to.

Who the FMLA covers

The FMLA covers most workers, but not all. The law applies to all public employees, such as city, school district or federal government workers. If you work for a private employer, your company must have at least 50 employees working for 20 weeks or more during the year.

In addition, you must have worked for your employer for at least 12 months. You can have a time gap in that 12 months, however, as long as the gap is less than seven years. You also must have worked 1,250 hours over that 12-month timespan.

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 Posted on October 10, 2018 in Employment Law

On behalf of Melehy & Associates LLC posted in wage & hour laws on Wednesday, October 10, 2018.

Does your former employer have to pay for unused vacation?

In this blog post, we will examine:

• D.C.’s and Maryland’s requirement that an employer pay for unused vacation or unused paid time off ("PTO") after an employee leaves the company;
• How employers try to avoid paying employees for unused PTO or vacation; and
• What you can do about it.

What the law says

If you are thinking about leaving your place of employment (or have already left), you are probably wondering if you will be paid for your unused PTO or vacation time.

In D.C. and Maryland, the law requires employers to pay for unused PTO or vacation when the employee leaves. Failure to do so can result in enhanced damages.

There is an exception to the law, however. Employers do not have to pay for time off if the employer has a written policy that states that it does not pay for unused leave.

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