Summary Judgment / Breach of Employment Contract / Wage Payment and Collection / Unlawful Termination / FLSA Retaliation
On August 30, 2019, TBH&E obtained summary judgment for a metal manufacturing employer located in Pennsylvania in a breach of employment contract and wage action brought under Maryland’s Wage Payment and Collection Law, along with its Pennsylvania, West Virginia, and North Carolina analogs. Summary Judgment was also entered on Plaintiff’s retaliation and unlawful termination claims under the Fair Labor Standards Act (“FLSA”).
TBH&E Partner Mike Hinkle represented the Defendant employer in the litigation. After removing the matter from the Circuit Court for Montgomery County to the United States District Court for the District of Maryland, Mike successfully moved for summary judgment following discovery. In it’s Memorandum Opinion, the Court concluded that the parties did not form a contract obligating the employer to pay Plaintiff for hours worked more than forty-five hours per week. Because the employer did not breach the contract for employment, Plaintiff was not entitled to additional compensation above his salary and his claims under the various state wage laws could not survive. The Court also found that Plaintiff failed to establish a prima facie case for retaliation under the FLSA because Plaintiff was unable to refute the employer’s legitimate, non-retaliatory reasons for the termination of employment.
Mike and TBH&E attorneys have extensive experience with labor and employment matters, having defended numerous employers and insurance carriers in state and federal courts and in administrative proceedings. In addition to the firm’s litigation practice, THB&E attorneys also counsel employers of all sizes in corporate and business matters.
Mike can be contacted by phone at (443) 608-5515 or by email at firstname.lastname@example.org.