Blogs by Brian J. Markovitz

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. 



"Death of the fraudster" by Georg Auer Hohensalzburg


Are you a Marylander?


Do you want your hard earned tax money going to companies who are defrauding the Maryland state government?


Posted on Fri, 2013-10-18 19:11 by Brian J. Markovitz in Discrimination, Labor Employment

class_action


What was thought by many practitioners and many in the news media to be one of the most significantly restrictive Supreme Court decisions on class actions in recent memory, Wal-Mart Stores, Inc. v. Dukes,[1] may not be so formidable for plaintiffs seeking redress through the class action process.


Posted on Wed, 2013-08-21 16:02 by Brian J. Markovitz in False Claims Act, Labor Employment


The False Claims Act (FCA), originally conceived by Abraham Lincoln during the Civil War, has been an effective tool for the Government to recover funds fraudulently taken from all types of government programs from national security to Medicare for over a century and a half.  But like all statutes, the FCA has its limitations, including time.  Until recently, it was believed that with little exception fraudulently taken taxpayer funds could be recovered only for a period of six years prior to the filing of a complaint.  31 U.S.C. § 3731(b).


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