What Makes an Employment Termination a “Wrongful Termination”?

            There is a lot of confusion about when and why employers are allowed to fire their employees.  From the employee’s side, most employees believe (incorrectly) that if an employer can’t prove that the employee did something… Read More
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Employees are Discovering a New Secret Weapon Against Employers: Concerted Activity

            Almost every employee who ever has been fired believes he or she has been wrongfully terminated.  The good news for most employers is that in Maryland, it is very hard for an employee to win a lawsuit for something called “w… Read More
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The 411 on Overtime Pay

            In the past two years, employees have recovered an estimated $1.2 billion from filing claims against their employers for unpaid wages.  Claims for overtime pay are near the top of that list.  But many employees – and employ… Read More
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Maryland's Disclosing Sexual Harassment in the Workplace Act of 2018

 The “Disclosing Sexual Harassment in the Workplace Act of 2018″ goes into effect on October 1, 2018. The Act first concerns a provision in an employment contract, policy or agreement that waives any substantive or procedural right or reme… Read More
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Federal Court Rules that pregnancy - alone - is not a disability

A Federal Court has ruled that an employee cannot sue under federal law for discrimination based on her pregnancy, because pregnancy alone isn’t a “disability” under the law. In Arozarena v. Carpenter Co., 2018 BL 184934, E.D. Pa., No. 5:1… Read More
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Plaintiff Survives Motion for Summary Judgment in FLSA Executive Exemption Case

Under the FLSA, an employee is exempt from overtime compensation as an “executive” if: (1) he is compensated on a salary basis at a rate of not less than $455 per week; (2) his primary duty is “management of the enterprise in which the… Read More
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The Maryland Healthy Working Families Act

Yesterday, the Maryland General Assembly passed the Maryland Healthy Working Families Act (“HWFA”). The HWFA requires employers with 15 or more workers to provide paid sick leave to employees who work at least 12 hours per week. Employers with… Read More
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Maryland Federal Court Dismisses Sexual Orientation Discrimination Claims

In Churchill v. Prince George’s Cty. Pub. Sch., No. PWG-17-980, 2017 BL 430226 (D. Md. Dec. 01, 2017), the plaintiff brought claims of discrimination based on sexual orientation under Title VII and the Maryland Fair Employment Practices Act (&#… Read More
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Recent Hostile Work Environment Claim Loses in Maryland Federal Court

To establish a hostile work environment claim in violation of Title VII of the Civil Rights Act of 1964, a Plaintiff must show that: (1) he experienced unwelcome harassment; (2) the harassment was based on sex; (3) the harassment was sufficiently se… Read More
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Landscape Laborers' FLSA Claims Survive Motion to Dismiss

In Aviles-Cervantes v. Outside Unlimited, Inc., No. CV RDB-16-1214, 2017 WL 3916985 (D. Md. Sept. 7, 2017), Plaintiffs alleged, inter alia, that Defendant Outside Unlimited failed to pay workers for approximately 1–2 hours of work per day for ti… Read More
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