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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Federal Court Denies Plaintiffs' Motion to Equitably Toll Statute of Limitations in FLSA Claim

In Dolphus v. Servis One, Inc., No. GLR-16-1075, 2018 BL 277246 (D. Md. Aug. 02, 2018), Plaintiffs filed suit against Servis One, Inc. D/B/A BSI Financial Services (“Servis One”) on behalf of themselves and similarly situated current and… Read More
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Maryland Federal Court Allows Plaintiff's Retaliation Claim to Proceed Despite not "checking the box" on the EEOC Charge

In Loconte v. Montgomery County, No. PWG-17-2052, 2018 BL 273880 (D. Md. Aug. 01, 2018), Defendant Montgomery County, Maryland (the “County”) hired Plaintiff Anthony Loconte as a Hazmat Permitting Program Manager in July 2005 and termin… Read More
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Case Analysis: What is Discoverable in Litigation?

In litigation, opposing parties can sometimes get carried away with the quantity and quality of the information requested in discovery, raising doubts about the relevancy and necessity of the requested information.  In Terrell v. Memphis Zoo, Inc.,… 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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Maryland Minimum Wage Law Updates

On July 1, 2018, the minimum wage rate for Maryland increases to $10.10 and the minimum wage rates for Montgomery County increases to $12.25 for employers with 51 or more employees and $12.00 for employers with 50 or fewer employees. Read More
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NLRB Denies Reconsideration of Joint Employer Decision

On August 27, 2015, in Browning-Ferris Industries of California, Inc. d/b/a BFI Newby Island Recyclery (Browning-Ferris), 362 NLRB No. 186 (2015), the National Labor Relations Board established a new legal standard for determining whether two empl… Read More
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NLRB General Counsel Issues Guidance on Employee Handbooks

On June 6, 2018, the National Labor Relations Board General Counsel issued a Memorandum to its field offices with guidance on how to interpret whether employers’ workplace rules violate workers’ labor rights. The Memorandum directs the applicati… 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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