Blogs by Brian J. Markovitz

Posted on Mon, 2019-10-07 09:23 by Brian J. Markovitz in Overtime, Labor and Employment

Overtime pay for workweeks involving more than 40 hours of work is just one of the protections the law provides to prevent the exploitation of working people.  The Department of Labor revises its policies periodically to reflect the changes in the economy, and the overtime pay regulations are no exception to this principle.  On September 24, 2019, the U.S.

Posted on Thu, 2019-09-26 09:53 by Brian J. Markovitz in Labor & Employment

Federal, state, and local law protect workers from discrimination by employers based on a variety of factors, such as race and gender, as well as personal circumstances such as disabilities, pregnancy, and the unexpected need to provide care for family members.  Discrimination can take the form of withholding of job offers to applicants, unjustified termination of current employees, or harassment in the workplace.  When employers consistently pay workers with the same level of education and experience different salaries for performing the same job duties, discrimination may be the reason wh

Posted on Thu, 2019-03-14 21:32 by Brian J. Markovitz in

There is an early 1980s song, by the band 38 Special, that informs us all to, “Hold on loosely, but don’t let go. If you cling too tightly, you gonna lose control.”

Posted on Mon, 2018-08-13 15:34 by Brian J. Markovitz in

While it may at first glance seem that a non-profit organization’s philanthropic nature would set it apart from profit-driven business models, the legal reality of running a non-profit is actually often similar to that of a for-profit business. This is especially true regarding employer-employee relations, and the employer’s obligations to the employee under federal, state, and local employment laws and ordinances.  It is very rare indeed that employment-related, legal requirements are different for non-profit employers than that of companies. 

Posted on Mon, 2018-07-23 16:37 by Brian J. Markovitz in

It is no secret that crime occurs disproportionately in areas that are economically underdeveloped. Individuals who have few employment opportunities still need to pay their bills and meet their basic needs, and often stable employment is scarce or nonexistent in those neighborhoods. As a crime-reducing and neighborhood-building initiative, the federal government has sought to encourage the growth of private business and local employment in impoverished areas.

Posted on Fri, 2018-02-16 14:23 by Brian J. Markovitz in

Earlier this year, the Government Accountability Office released a twenty page report still finding HUBZone certification fraud is being overlooked by the Small Business Administration. HUBZone fraud occurs when contractors mislead their ability to meet the requirements for the SBA’s HUBZone program in order to receive government contracts specifically carved out for small businesses in economically distressed communities, in both rural and urban areas.

Posted on Thu, 2017-05-25 12:20 by Brian J. Markovitz in Labor Law

More and more frequently, employers are evading the legal requirement to pay overtime to their employees by choosing to pay them on a salaried basis instead of an hourly wage, and then telling the employees that they’re not entitled to overtime because they have an “exempt” job title. But often this practice amounts to nothing more than illegal wage theft from workers who should be classified as hourly and are being denied overtime pay that they deserve.

Posted on Wed, 2015-07-08 09:00 by Brian J. Markovitz in

Medicare Fraud and False Claims Act meets Snoop Dogg and Angel Heart


Benjamin Franklin once wrote, “[i]n the world nothing can be said to be certain except death and taxes.”  Franklin’s point being that much like Snoop Dogg in the 90’s, before his unnecessary detours under other monikers, the Government gets its money. It’s got its “mind on [its] money and [its] money on [its] mind.” Snoop Doggy Dogg, Gin and Juice (Death Row Records 1993).  So, while you may say “until death do us part” in your wedding vows, not even the Grim Reaper can get you out of paying the Government if you owe it. 


Posted on Tue, 2015-03-03 08:16 by Brian J. Markovitz in

 


The Avengers teaches Effective Management and Leadership Skills


The Leadership Qualities Captain America Taught My Seven-Year-Old


            There’s a wonderful scene in the first Avengers superhero movie that made a huge impact on my seven-year-old son.  Aliens are invading NYC.  It’s a total mess. Iron Man turns to Captain America and says, “Call it Cap.”  Cap starts telling each Avenger what their roles are, and they get to it.  The last guy is the Hulk, who isn’t exactly known for following orders.  Cap’s final instruction, “And Hulk  . . . smash.”  The Hulk smiles a big, toothy grin because going on a rampage is what he does best. At that moment, you know Cap’s team is clicking, and the aliens don’t have a chance.  


Posted on Tue, 2015-01-13 12:11 by Brian J. Markovitz in False Claims Act

 


To secure to each labourer the whole product of his labour, or as nearly as possible, is a most worthy object of any good government. 
Abraham Lincoln, 1847


Government Contractor Wage TheftPresident Lincoln rightly believed that workers should get paid what they earn.  But as many of us know, stealing money from workers on government contracts by underpaying them below the prevailing wage[1] is often the industry standard. 


When unions and their members learn of prevailing wage theft, in response, one of two well-intentioned but futile actions usually are taken.  They start a very public protest campaign – either in the newspapers or by physically protesting at the jobsite/headquarters of the offending company.  Or, they file a complaint with the Department of Labor.  Most times, neither action works.  Trying to shame a shameless employer who didn’t pay people properly in the first place does not work.  And, in this government-shutdown, low-morale, underfunded era, the Department of Labor’s resources are so strapped that it often can’t force the bad actors in to compliance. 


Pages

Disclaimer

The JGL Law Blog is made available by the Firm and/or the law firm publisher for educational purposes only as well as to give you general information and a general understanding of the law. The JGL Law Blog is not designed to and does not provide specific legal advice. Use of, or comments on, this Blog does not create an Attorney Client Relationship with the Firm or any of the authors of the Blog Posts.

This blog is for general informational purposes only. Joseph, Greenwald & Laake, PA is a law firm and some of the information on the blog relates to legal topics. Joseph, Greenwald & Laake, PA does not offer or dispense legal advice through this blog or by e-mails directed to or from this site. By using the blog, the reader agrees that the information on this blog does not constitute legal or other professional advice and no attorney-client or other relationship is created between the reader and Joseph, Greenwald & Laake, PA or its attorneys. The blog is not a substitute for obtaining legal advice from a qualified attorney licensed in your state. The information on the blog may be changed without notice and is not guaranteed to be complete, correct or up-to-date. While the blog is revised on a regular basis, it may not reflect the most current legal developments. The opinions expressed at or through the blog are the opinions of the individual author and may not reflect the opinions of the firm or any individual attorney. The JGL Law Blog should not be used as a substitute for competent legal advice from a licensed professional attorney in your state.

To ensure compliance with requirements imposed by the U.S. Internal Revenue Service in Circular 230, we inform you that any tax advice contained on this site (including any links provided) is not intended or written to be used, and cannot be used, for the purpose of (i) avoiding penalties under the U.S. Internal Revenue Code or (ii) promoting, marketing, or recommending to another party any transaction or matter addressed in this communication.

˅