Md. Court of Specail Appeals: Hess, Et Al. V. Department of Juvenile Services

Summary

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Labor & Employment

Entitlement to wages while "on-call"

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Md. Court of Specail Appeals: Hess, Et Al. V. Department of Juvenile Services

BOTTOM LINE: In considering employees' claims that "on-call" shifts were compensable by Department of Juvenile Services, ALJ erred by failing to construe applicable state statute, COMAR 17.04.11.02B(1)(e), in light of comparable federal regulation, 29 C.F.R. [section]785.17.

CASE: Hess, et al. v. Department of Juvenile Services, CSA Nos. 2025 and 2043, September Term, 2007 (filed Dec. 31, 2008) (Judges Meredith, Wright & THIEME (retired, specially assigned)).

FACTS: Samuel Hess, Edward Martin, David Weimer, and Samuel Harmon (collectively, employee...

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