ADA accommodations need only be “reasonable”

bio_judd

The Americans with Disabilities Act (“ADA”), in a nutshell, prohibits employers from discriminating against individuals on the basis of a disability.  42 U.S.C. § 12112(a).  Yet, this simple, well-intended proposition seems to create a countless number of disputes between employees and employers.  Let’s try to demystify some of these issues. For the purposes of the [...]

Read More

Requesting FMLA leave before meeting the eligibility standards

bio_judd

As most of us know, the FMLA provides an employee with 12 weeks of leave during any 12 month period in which a “serious health condition” prevents the employee from performing the functions of his or her position.  However, there are eligibility requirements which an employee must satisfy in order to qualify for FMLA leave, [...]

Read More

Increase in Minimum Wage Coming Soon for Maryland Workers

bio_judd

The recently concluded 2014 Maryland legislative session resulted in the passage of some important amendments to the Maryland Wage and Hour Law.  One such amendment is a long overdue increase in minimum wage. At present, Maryland’s minimum wage rate is identical to the federal minimum wage, which is $7.25 per hour.  However, Maryland’s minimum wage [...]

Read More

SETTLING LAWSUITS – The Importance of a Well-Drafted Settlement Agreement

Talbot County Employment Law Attorney Bruce Luchansky

Litigation can be emotionally and financially draining. By the time parties reach a settlement agreement, even one with which they are satisfied, they often are tempted to turn their attention elsewhere and ignore the details of the settlement agreement itself.  Resist the urge to bail before the settlement agreement is finalized. Here’s why. A well-drafted [...]

Read More

Knowing What the Law Covers

bio_judd

Using a standard English dictionary when looking up a legal term can be a bad idea.  As an example, Webster’s dictionary defines discrimination as: The ability to understand that one thing is different from another.   So here’s the question.  Have I discriminated if I chose to wear my Ravens jersey over my Orioles jersey [...]

Read More

The Fine Line Between Simple and Gross Misconduct

bio_judd

In an earlier blog post, we stated that employers are increasingly challenging employees’ rights to unemployment benefits.  Employers seek to demonstrate that employees should be disqualified from receiving unemployment benefits for a number of reasons, including for the self-serving purpose of avoiding increases in their unemployment insurance tax rate.  In our last blog entry we [...]

Read More

Simple Misconduct is Simple to Commit

bio_judd

After an employee loses his or her job and applies for unemployment benefits, Employers have many different motives for challenging the employee’s right to unemployment benefits.  One motivation, for example, is that employers who repeatedly terminate employees are levied a higher unemployment benefits tax rate; accordingly, employers have an incentive to challenge an employee’s right [...]

Read More

Dock and shipyard workers may be legally entitled to overtime pay under Federal law.

bio_judd

Employees who work at shipyards or city ports—or on tankers, oil rigs or similar locations—are often wrongfully denied overtime wages which they are legally entitled to receive. The employers typically argue that the employees are not entitled to overtime under the “seaman exemption” to the Fair Labor Standards Act (“FLSA”). However, the employer is not [...]

Read More

Some states are beginning to outlaw Non-competes. Is Maryland next to follow this trend?

bio_judd

Covenants not to compete (often referred to simply as “noncompetes”) have become ubiquitous in employment agreements, particularly for executives and other mid- to high-ranking individuals.  The long standing status quo regarding non-competes in the majority of states—including Maryland—is that they are fully permissible, subject to a case-by-case judicial balancing test that considers the interests of [...]

Read More

Employer Promises – Are They Enforceable?

bio_judd

Our law firm has received calls from both employees and employers describing the following scenario: Employee alleges a promise was made by the employer (or prospective employer); Employee claims to have acted in reliance on that promise; and After doing so, employer claims the promise was never actually made.  The question becomes: is the employer [...]

Read More