Legal Opinion

Marshall v. Safeway, Inc.

Court of Appeals of Maryland

Decided March 26, 2014No. 56/13Published

1Opinion of the Court

BONITA H. MARSHALL v. SAFEWAY, INC. NO. 56, SEPTEMBER TERM, 2013 IN THIS PUTATIVE CLASS ACTION SUIT AGAINST SAFEWAY FOR APPLYING A LEGALLY INCORRECT STANDARD IN ESTABLISHING AN EMPLOYEE’S EXEMPTION IN WAGE GARNISHMENT PROCEEDINGS, THE COURT HELD: A. WITH EXCEPTIONS NOT RELEVANT HERE, THE CURRENT REQUIRED EXEMPTION IS THE GREATER OF (1) 75% OF THE DISPOSABLE WAGES DUE, OR (2) 30 TIMES THE MINIMUM HOURLY WAGE UNDER THE FEDERAL FAIR LABOR STANDARDS ACT; B. EMPLOYEES HAVE A DIRECT CIVIL CAUSE OF ACTION UNDER MD. CODE, § 3-507.2 OF THE LABOR AND EMPLOYMENT ARTICLE (LE) AGAINST EMPLOYERS WHO DEDUCT…

2Cases cited16 opinions

  1. In Re Hydrogen Peroxide Antitrust LitigationCourt of Appeals for the Third Circuit · 2009
  2. Vinole v. Countrywide Home Loans, Inc.Court of Appeals for the Ninth Circuit · 2009
  3. Mills v. Foremost InsuranceCourt of Appeals for the Eleventh Circuit · 2008
  4. Friolo v. FrankelCourt of Appeals of Maryland · 2003
  5. Rodriguez v. ClarkeCourt of Appeals of Maryland · 2007

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