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So often we hear that noncompete agreements are not worth the paper they are written on. Whether that statement is true or not depends on what is written on the paper. Earlier this year, the United States District Court of Maryland unequivocally confirmed that employee noncompete agreements are enforceable in Maryland! TEK-systems, Inc. v. Jonathan Bolton, (February 4, 2010). In fact,

Section 4A-301 of the Corporations and Associations Article provides that a member of a Limited Liability Company (LLC) is not “personally liable for the obligations of the LLC, whether arising in contract, tort or otherwise, solely by reason of being a member of the LLC.” In what may prove to be a landmark decision, the Maryland Court of Appeals has held that an individual member of an LLC that owns

The “Hiring Incentives to Restore Employment Act of 2010” (the HIRE Act, P.L. 111-147) can provide a substantial benefit for private-sector employers (including employers that are non-governmental nonprofit organizations) who are beginning to expand their businesses through the hiring of new employees. To provide employers with an incentive to hire unemployed individuals, the HIRE Act provides a

There are a number of important changes for both employers and individuals included in the new 2010 Health Care Act (as amended by the Health Care Reconciliation Act) that are effective immediately. These changes confer a real benefit on small businesses as well as individuals with young adult children. Individuals with children who have not yet reached the age of 27 have been extended health

The issue of whether an employer can reduce the rate of compensation to its employees who choose to work extended hours has been answered in the affirmative. In a case out of the 9th Circuit, the Court said that such actions were permissible by the employer as a strategy to control overtime expense so long as the overall compensation meets the wage requirements under the Fair Labor Standards Act

Be careful of the thief who masquerades as your bookkeeper. The law is not as kind to employers as it once was. Recently, McMillan Metro, P.C. was called upon to represent two different employers for claims of employee theft, with one claim involving over $1M. What happens when someone inside your business forges your signature on a check to someone who does not exist – a fictitious payee –

All employees are subject to an array of implied common law duties arising from the unwritten contract requiring the employer to pay wages in exchange for the employee's performance. While the duty of loyalty provides protection for the employer as well as a powerful enforcement instrument, it is often overlooked and ignored. Too often employees today do not connect their responsibility to the employer

Beginning October 1, 2009, it will be against the law in Maryland to write or send a text message while operating a motor vehicle in the travel portion of the roadway (House Bill 72 and Senate Bill 98). A violation of this law is a misdemeanor and subjects the violator to a $500 fine. To date, Maryland has not joined the many states that have also outlawed talking on a cell phone while driving without

The IRS has issued a new Form 941-X and its instructions to be used for making corrections to previously-filed Forms 941, Employer's Quarterly Tax Return, and replaces Form 941c, Supporting Statement to Correct Information. Form 941-X also replaces Form 843, Claim for Refund or Request for Abatement, for refund or abatement requests of over reported employment taxes. Employers will continue to use

The first material revisions to the federal Family and Medical Leave Act (FMLA), since the law was enacted fifteen years ago, will take effect January 16, 2009. The new regulations clarify many of the implementing terms that had caused confusion and costs to both employers and employees. The new regulations also add extensive employment protections to relatives of those serving in the military.

Late on December 11, the Senate approved H.R. 7327, the "Worker, Retiree and Employer Recovery Act" (the Pension Act) by unanimous consent. The bill was passed by the House on December 10 by unanimous consent, so the measure is cleared for the President's signature.

Domestic Partner Benefits - Family Coverage Expansion Act The Maryland General Assembly enacted a law which requires insurers who issue health insurance in the State of Maryland to provide coverage for domestic partners and dependents of domestic partners.

• See 2007 Md. House Bill No. 1057
• Full enrolled text - http://senate.state.md.us/2007RS/bills/hb/hb1057e.pdf
• Effective

To many of you I sent this information regarding the USERRA after September 11, 2001. Now, with our country going to war with Iraq it is even more relevant and important to many people and employers. The USERRA protects employees who are in the National Guard, the reserves and those called and who sign up for active duty. Under the law, employers must treat such employees as though they never left