Pay transparency laws have been in the news for a while, and they’re a hotly contested issue. On the one hand, shining a light on wage information helps create fairness in the workplace and acknowledges the essential value of virtually every role, which is the intended purpose of the laws. But some people worry about…READ MORE
Author: 03/29/2023
The Federal Trade Commission (FTC) recently released a proposed rule which, if adopted, will broadly ban the use of non-compete agreements with workers throughout the U.S. The proposed rule focuses on “non-compete clauses” and would prohibit their use with workers. If adopted in its current form, the proposed rule would become effective sixty days after…READ MORE
Author: 02/16/2023
The District of Columbia’s new law banning most non-compete agreements becomes effective on October 1, 2022. The new law concludes a lengthy process in which DC has adopted laws to regulate this area, and then amended them before they went into effect. The current version of the law addresses some problems in the prior versions,…READ MORE
Author: 09/21/2022
Employers face the constant challenge of regulatory requirements, which keep changing. To further complicate matters, compliance with employment obligations to employees varies from the employer’s home state to other states where remote employees work. An employer’s compliance failure, regardless of whether it was inadvertent or minor, could provide an employee with an opportunity for an…READ MORE
Author: 05/24/2022
Maryland employers have a new paid leave law to prepare for. The Time to Care Act (TTCA) will create paid family and medical leave benefits for many Maryland employees, including employees working for many small businesses. The good news is that there is time to prepare for this new law, as it will be phased…READ MORE
Author: 05/23/2022
Massachusetts, like Maryland and the District of Columbia (which has a liquidated damages provision requiring 4 times the wages due), has treble damages when wages are late. According to the Massachusetts statute, the terminated employee must be paid all wages due on the date of discharge, while an employee who resigns must be paid by…READ MORE
Author: 04/13/2022
If you recall, President Biden announced in September that the Occupational Safety and Health Administration (“OSHA”) would be issuing a mandate requiring all employers with 100 or more employees to have a mandatory vaccination policy to minimize the spread of COVID-19 transmission in the workplace and protect unvaccinated employees. OSHA released the emergency temporary standard…READ MORE
Author: 11/05/2021
New federal guidance issued August 13, 2021 reinforces that all employers should implement multi-layered interventions to protect unvaccinated and otherwise at-risk workers and mitigate the spread of COVID-19. The District of Columbia and all major surrounding counties in Maryland and Virginia are considered to be areas of substantial or high transmission (as of September 15,…READ MORE
Author: 09/20/2021
As the pandemic wears on and effective vaccines roll out to many adults, employers and employees are hoping to stop wearing masks in the workplace. To reduce labor risks, we advise employers to keep a workplace mask policy in place, remind all employees that the policy remains in effect, and directly address employees who do…READ MORE
Author: 04/13/2021
Employers, schools, and real estate developers should take note of a new Executive Order issued on Inauguration Day which gives an expansive reading to last summer’s Supreme Court decision in Bostock v. Clayton County. In Bostock, conservative Justice Neil Gorsuch writing for a 6:3 majority held that Title VII’s prohibition on employment discrimination “because of…READ MORE
Author: 03/08/2021
With the blurring between remote work and home life due to the ongoing pandemic, some employers are seeing an uptick in the workplace effects of domestic violence. Fortunately, many of the tools to effectively and compassionately manage such concerns are already found in most employee handbooks. Businesses can and should proactively minimize the effects of…READ MORE
Author: 01/07/2021
It was a relief when Pfizer and, then Moderna, released that they had both developed an effective Covid-19 vaccine. We saw a light at the end of the tunnel. The state and local governments have released plans for the roll-out of the vaccines to those populations most in need, starting with health professionals, first responders,…READ MORE
Author: 01/07/2021
As we begin 2021, we are still faced with Covid-19 affecting every part of our lives. While hope is on the horizon as vaccines are being produced and distributed, we must continue to proceed thoughtfully as we face these challenges. Besides the changes that the vaccine will bring, there are several important updates from the…READ MORE
Author: 01/07/2021
As the United States (and many parts of the world) experiences a new rise in Covid-19 cases, Maryland Governor Hogan, by Executive Order, and Montgomery County have implemented new restrictive orders, effective November 10th, to strive to flatten the curve. These orders will affect many businesses throughout the state and will likely impact your actions…READ MORE
Author: 11/12/2020
As everyone is adjusting to working and living with Covid-19, we must not forget that the governments are continuing to enact laws that affect employers. While we have previously provided updates for Maryland and Virginia employers, the District of Columbia has also recently enacted several important updates to its employment laws: Time Off to Vote. …READ MORE
Author: 07/16/2020
By now, most business owners have read the emerging scientific news that the COVID-19 pandemic may linger for one to three years. Alongside this “lengthening” of the curve, the media is filled with coverage of the political, social and economic pressure to re-open and significant concerns from employees that their workplaces will not be safe…READ MORE
Author: 07/16/2020
Even though employers are busy adjusting, evolving, and pivoting their policies due to the constantly changing effect of the Coronavirus pandemic, Virginia employers must also ensure they are complying with new employment laws that will be effective on July 1, 2020. Many of these laws have significant penalties for non-compliance from by the employee and…READ MORE
Author: 05/29/2020
Re-opening your business is the hot topic as local and state governments relax COVID-19 shelter in place orders. Regardless of industry, most small businesses need to address core labor issues and evaluate what additional industry-specific concerns should be addressed. Both valid and specious employment claims are already on the rise due to a combination of…READ MORE
Author: 05/28/2020
While much of the recent Maryland Legislative session was consumed with the coronavirus crisis, several pro-employee bills were passed. These bills address race discrimination, sex discrimination, pay equity, and wage transparency. All will become effective October 1, 2020 without the signature of Governor Hogan, who declined to hold any bill signing ceremonies this month. The…READ MORE
Author: 05/19/2020
A recent Supreme Court decision in Babb v. Wilkie has eased the burden of proof for federal employees to prove discrimination under the Age Discrimination in Employment Act (“ADEA”). Getting relief is still challenging for employees no matter where they work, nonetheless, with a contracting economy, an uptick of age discrimination claims is expected in…READ MORE
Author: 05/18/2020
Beginning on February 29, 2020, all Maryland employers with fifteen or more employees must comply with the new ban the box law unless they fall within an exemption. But, what is “ban the box”? “Ban the Box” is a term that refers to laws which control when in the hiring process you can ask an…READ MORE
Author: 05/18/2020
Our clients have generally recognized that providing an employee with a salary is not enough to exempt that employee from overtime. The Fair Labor Standards Act (FSLA) established the forty (40) hour week, minimum wage, overtime and what jobs were exempt from these requirements. The administrative exemption to FSLA requirements permit an employer to classify…READ MORE
Author: 05/05/2020
Groups of workers just became eligible for overtime pay following the adoption of new regulations by the Department of Labor. It is estimated that 1.4 million additional workers will now be in line to receive overtime compensation. Effective as of January 1, 2020, the base salary level at which administrative, executive and professional employees can…READ MORE
Author: 05/02/2020
All of us who are trying to figure out how best to help our companies survive and perhaps even thrive in the coronavirus crisis should be sure to review and evaluate the insurance policies we carry to protect our companies from unexpected loss. While none of us fully understand the extent of what the current…READ MORE
Author: 04/13/2020
Emergency legislation has made unemployment benefits an important financial lever for small businesses faced with closing the margin between expenses and revenues. Labor costs often make up more than half of gross sales for service businesses, so payroll is one of the first places many owners are looking to be able to manage through the…READ MORE
Author: 04/13/2020
We are now living in a profoundly new world where many workplaces are being transitioned to teleworking with limited planning or time to test systems. This rapid shift brings challenges that must be addressed and resolved from both a legal and operations standpoint. Confidential Information and Data Privacy Issues. One of the major issues is…READ MORE
Author: 04/03/2020
Last week, the federal government enacted the CARES Act. It provides economic relief to Americans both as individuals and businesses. While the Act contains a variety of tax, loans and other measures, the following programs are of particular interest to employers and small businesses: Payroll Protection Program. In part, this law allows small and mid-sized…READ MORE
Author: 04/03/2020
As the number of Covid-19 infections rise, the federal, state, and local governments are taking more drastic actions to protect and support the public during this time. The following updates summarize major changes that affect employers in the DMV: 1.Families First Coronavirus Response Act. The FFCRA became effective April 1, 2020. All employers, even those…READ MORE
Author: 04/03/2020
Another week has passed during the Covid-19 pandemic, and we have seen the DMV governors close all non-essential businesses, schools closing for another month or even the rest of the school year, the legislatures are working to provide relief to employers and employees. The number of positive cases rise even as we wait with baited…READ MORE
Author: 03/27/2020
On March 18, 2020, President Trump signed into law the Families First Coronavirus Response Act. The important part for employers is it enacts temporary measures requiring employers with fewer than 500 employees to provide paid sick leave and family leave for those directly affected by COVID-19. It is important to note that these measures are…READ MORE
Author: 03/20/2020
Due to our current global pandemic, employers are faced with very difficult decisions as the government further restricts movement and closes businesses in an effort to contain the community spread of Covid-19. One of these questions is – should I shut my doors and temporarily lay off my employees? As you are considering this action,…READ MORE
Author: 03/20/2020
From day to day, hour to hour, as our government responds to the COVID-19 pandemic, our laws change. Some are relaxed, others are altered, and new ones are added. In the last week alone, we have seen the following: The federal government is requiring paid sick leave and family leave to some employees. The EEOC…READ MORE
Author: 03/20/2020
By now you have been hearing a lot about the Coronavirus (Covid- 19), which has spread to the United States from other parts of the world. While the Center for Disease Control and Prevention has stated that this is not yet a pandemic, it is important that you plan now on how to protect yourself,…READ MORE
Author: 03/04/2020
On December 15 2020, the D.C Council joined a growing number of other jurisdictions that have enacted legislation limiting the use of non-compete agreements. The new law, known as the “Ban on Non-Compete Agreements Amendment Act of 2020 (the “Act”), effectively prohibits employers from entering into, or enforcing, non-compete agreements. The Act will still require…READ MORE
Author: 01/13/2020
Many employers routinely include mandatory arbitration agreements for resolving employment disputes with their employees. To the surprise of many employers, such clauses are often ruled invalid. To help assure that your agreement requiring arbitration of employment disputes is enforceable, be aware of the following factors: Consider using a separate, stand-alone agreement. Especially in the context of…READ MORE
Author: 11/01/2019
Effective October 1, 2019, it will be easier for a Maryland employee to bring a claim of harassment against its employer based on race, color, religion, ancestry or national origin, sex, age, marital status, sexual orientation, general identity, or disability (“Protected Class”). It is important to take action now and implement policies and procedures to…READ MORE
Author: 09/12/2019
Recently, we have learned that our clients are receiving letters from the Social Security Administration indicating that the Social Security Numbers submitted with payments for FICA and, presumably, Medicare, do not match. This often may involve an undocumented worker; however, it could simply mean a clerical error. The employer who receives a no-match letter stands…READ MORE
Author: 08/02/2019
On July 1, 2019, the Universal Paid Leave Amendment Act of 2016 went into effect and applies to all employers, who have employees that work at least fifty percent (50%) of their time in the District of Columbia or work substantially in the District of Columbia and do not work more than 50% of their…READ MORE
Author: 06/28/2019
Lately, the news has been filled with stories about women forced to settle sexual harassment claims through severance agreements. Many of those agreements are perceived as oppressive because they suppress the victim’s rights to tell her story and fail to inform other actual or potential victims that a company has retained a bad actor after…READ MORE
Author: 06/26/2019
The legalization of medical marijuana is ever increasing with 33 states now permitting the use of medical marijuana, including Maryland. Yet, Maryland has not passed employment protections for users into its medical marijuana laws. As a result, Maryland state law conflicts with federal law, leaving employers and workers scrambling to determine how to protect themselves…READ MORE
Author: 04/22/2019
Consider the situation faced by an employer that does not, typically, allow employees to work remotely. Then consider what happens when an employee with pregnancy related complications is instructed by her physician to go on bedrest for the remaining three months of her pregnancy. Moreover, the employee lacks sufficient PTO to cover the anticipated leave….READ MORE
Author: 04/02/2019
The new Maryland employer survey for reporting sexual harassment settlements is now open on the website of the Maryland Commission on Civil Rights (MCCR). Context Maryland was one of the 32 state legislatures to consider #MeToo legislation in the 2017-2018 legislative cycle. Across the country, approaches to addressing workplace harassment include restricting confidentiality agreements, restricting…READ MORE
Author: 02/25/2019
A recent case from the Circuit Court for Montgomery County, Maryland underscored the growing trend by courts across the country to limit the application of non-compete and non-solicitation agreements. These agreements, typically referred to as “restrictive covenants”, are integral to many employment agreements. Restrictive covenants in employment contracts serve as a means of assuring the…READ MORE
Author: 04/24/2018
February 11th is a date every employer in Maryland needs to know and prepare for right now. On that day, the new Maryland Healthy Working Families Act (the “Act”) takes effect. For many businesses, it will affect the nature and details of sick and safe leave that you must provide to your employees. It will…READ MORE
Author: 01/25/2018
It is hard to turn on the news these days without hearing about a new executive, celebrity, or news personality being accused of sexual harassment. These accusations are sometimes followed by news of large settlements or verdicts (often in the millions). You may think that this will not affect your business because you are a…READ MORE
Author: 11/24/2017
The use of social media is ubiquitous in the world today. The stark truth is: social media has revolutionized the way people communicate, and legal regimes and workplace customs must adapt. We have recently reviewed numerous handbooks for employers that include social media policies. Including these policies in employee handbooks is essential, as courts and…READ MORE
Author: 05/25/2017
All of your employees are subject to an array of implied common law duties. This includes the “duty of loyalty” which requires an employee to serve his or her employer faithfully and refrain from knowingly or willfully acting to harm the business. It also requires the employee to refrain from conflicts of interest with the…READ MORE
Author: 04/26/2017
Employers often look to temporary staffing agencies to fill pressing employment needs. Historically, an employee hired this way has been considered to be solely an employee of the agency. That may be changing, and if your business hires temps through an agency, you should be aware of this development. Last month a federal Circuit Court…READ MORE
Author: 02/28/2017
Are you an employer? Do you conduct business in Montgomery County or do your employees perform services there? Are any of these employees excluded from your company’s leave policies? If so, a new Montgomery County law means that you likely have to change your practices. Montgomery County enacted a new “Earned Sick and Safe Leave…READ MORE
Author: 11/28/2016
We have written often about the pitfalls presented by wage and overtime laws, and how those laws carry severe monetary consequences for employers. Policy makers have targeted “wage theft” with these regimes, but all too often well-meaning companies are punished for systematic failures. We have seen a rash of actions taken against responsible employers who…READ MORE
Author: 11/21/2016
In May 2016, the Fourth Circuit Court of Appeals determined that two Maryland exotic dance clubs misclassified their dancers as independent contractors rather than employees. The dancers sued under the Fair Labor Standards Act (FLSA) and Maryland wage and hour laws for unpaid wages and liquidated damages. The Court found that the facts presented suggested that exotic dancers are employees. According to the…READ MORE
Author: 07/18/2016
“Wage theft” has become the buzzword du jour in certain circles. According to an analysis from the Federal Judicial Center (FJC), more workers than ever are filing wage-and-hour lawsuits. The number of wage and hour lawsuits filed under the Fair Labor Standards Act (FLSA) has been steadily on the rise, surpassing all other employment-type cases….READ MORE
Author: 05/04/2016
This year, employers will face a number of challenges when it comes to managing, monitoring and maintaining their workforces. From providing paid sick leave and equal opportunity under state and municipal laws, to extending equal rights and benefits to transgendered employees, complying with these new obligations may require a change in the way you operate…READ MORE
Author: 01/27/2016
Some 5,000,000 white-collar workers who are currently exempt from overtime compensation may soon be entitled to such pay. The effect on your payroll could be significant if changes to the Fair Labor Standards Act (FLSA) are allowed to take effect, per a recent proposal from the U.S. Department of Labor (DOL). The impact will arise…READ MORE
Author: 09/17/2015
On June 23, 2015, the Montgomery County Council significantly altered your obligations as an employer by passing the Earned Sick and Safe Leave Act. You will now be required to provide paid sick leave to your employees at new, higher levels. It is estimated that this will affect as many as 90,000 private-sector employees who…READ MORE
Author: 07/07/2015
Does your business rely on information that you wouldn’t show to your competitors? If you don’t have a secure grasp on such trade secrets, you are at risk of losing these valuable assets with no way to recover them. The good news? You can easily protect a trade secret under Maryland and/or D.C. law, if…READ MORE
Author: 05/08/2015
You’re an entrepreneur. You’re deal-focused. You’ve got your eye on the prize, and you can’t be bothered with unnecessary details. You are driven by the desire to get things done. So when you establish a relationship with a partner, a supplier, an employee, or a client, it’s easy enough to imagine you can skim over…READ MORE
Author: 04/16/2015
As of October 1, 2014, if you have 15-49 employees in Maryland, your business needs to be prepared to provide parental leave to anyone who is eligible. Here are a few key facts to help you determine if you will be affected and how to comply. Am I subject to the Parental Leave Act (PLA)?…READ MORE
Author: 09/25/2014
Get ready. As early as October 1, 2014 higher minimum wage requirements begin to take effect around Maryland. That’s the date when new local laws start to impact businesses in Montgomery and Princes George’s Counties. Elsewhere in Maryland, new statewide requirements (which are lower than those in Montgomery and Prince George’s) take effect a few…READ MORE
Author: 07/31/2014
With Spring upon us, it is a great time to review your employment practices, ensure compliance with any new laws, and make updates to protect your business. Here are a few easy steps to take: Hold your annual Sexual Harassment and Discrimination training. Your business’s best line of defense against sexual harassment or discrimination claims…READ MORE
Author: 03/21/2014
On October 1, 2013, both Maryland and District of Columbia employees were given powerful tools to collect unpaid wages from their employers. These new remedies have the potential to cause significant problems for employers. If you are a business owner, it is imperative that you understand these new laws and take steps to minimize your…READ MORE
Author: 12/04/2013
Unlike many other states, Maryland does not have a “dram shop” act that places liability on bars and restaurants for serving or continuing to serve intoxicated individuals. Recently, the Court determined that there is no relationship between a tavern and an injured third party as a result of the tavern’s serving alcohol to the drunk driver responsible…READ MORE
Author: 09/20/2013
“Rain Tax, Rain Tax, Go Away!” You can chant “Rain Tax, Rain Tax, go away”, but it won’t stop Maryland’s new levy, implemented to offset the costs of runoff from impervious surfaces into the Chesapeake Bay. The Rain Tax affects you if your home, business or non-profit is located in Montgomery, Prince George’s, Frederick, Anne…READ MORE
Author: 07/01/2013
Summer has turned into the season of the unpaid internship. Job-hungry students with little or no hope of a paid position agree to take their “compensation” in the form of practical job experience. It sounds too good to be true, and it probably is now that the Department of Labor (DOL) is focusing on the…READ MORE
Author: 06/27/2013
During the most recent legislative session, the Maryland legislature enacted a new law which requires employers to give reasonable accommodation for employees with disabilities due to pregnancy. It is very important for small businesses to understand this law and be aware of its impact on their operations. Who is affected? If you have fifteen employees…READ MORE
Author: 06/26/2013
When you are negotiating a contract, what is the best way to anticipate and protect yourself from a potential dispute? As common as it is to insert a simple arbitration clause, it is not necessarily the best way to go. With such a provision, you are usually limited to using arbitration only to resolve a dispute or…READ MORE
Author: 06/26/2013
Do you have a fair and well-thought-out policy for how your business sets employee compensation? It can go a long way towards preventing a claim for discrimination. A recent federal case arising out of Arkansas illustrates this point. Lakishia Hill was an employee for the City of Pine Bluff, working in its office of Inspection…READ MORE
Author: 05/16/2013
Independent Contractors – Construction Many federal and state agencies are auditing employers to make sure they are properly classifying their workers as employees or independent contractors. A recent District of Columbia law, the Workplace Fraud Act, presumes that workers in the District of Columbia construction services industry are employees unless the employer can otherwise demonstrate that the…READ MORE
Author: 05/15/2013
Your employment manual should be a living document that grows and changes as the company evolves. Both employees and management view the manual as a guide on how to resolve conflicts and problems that arise in the workplace. You need to be able to apply policies consistently to resolve employment issues and reduce the company’s…READ MORE
Author: 03/29/2013
Cyber Security – Stronger Passwords A few years ago, we thought 8-character passwords were strong. Then the Georgia Institute of Technology tested 8-character security using commonly available programs and cracked the passwords in two hours. But it would take thousands of years to crack a 12-character password using the same technology. Moral of the story:…READ MORE
Author: 03/29/2013
When an employer terminates an employee, it can easily expose itself to liability by not issuing the final paycheck on time. Not surprisingly, this subject is heavily regulated by the states. Sometimes companies hold on to the last paycheck until all company property is returned. Employers should NOT do this because it is often prohibited…READ MORE
Author: 01/24/2013
So often, we hear this from our clients who use employment manuals drafted by attorneys or human resource managers, which were posted on the internet. Unfortunately, more often than not, the manual does not comply with the appropriate laws and is not narrowly tailored to meet the needs of the employer’s unique business. This could…READ MORE
Author: 07/31/2012
A recent case from the First Circuit has held that the timing between an employee’s leave of absence and his subsequent termination of employment may be sufficient to establish a Family and Medical Leave Act (FMLA) retaliation claim. In Pagan-Colon v. Walgreens of San Patricio, Inc., Juan Pagan was employed as an assistant manager by Walgreens….READ MORE
Author: 07/12/2012
Background We advised our readers a few months back about the IRS’s new Voluntary Classification Settlement Program (VCSP). The VCSP offers employers that have misclassified their employees as independent contractors the opportunity to remedy their misclassifications and comply with the appropriate employment laws prospectively. The program began in September 2011 and, to date, a termination…READ MORE
Author: 03/07/2012
The IRS recently announced a new voluntary settlement program for employers that have misclassified their employees as independent contractors or other nonemployees. The Voluntary Classification Settlement Program (VCSP) offers employers a significantly reduced penalty framework, as well as audit protection for previous years, in exchange for agreeing to prospectively treat any and all misclassified workers…READ MORE
Author: 10/31/2011
In today’s varied work environment, more and more employees are performing some type of employment related service from home. This triggers issues to determine when the compensable portion of the work day begins. If an employee reviews his work e-mails or remotely logs on to the company network from home before leaving for the office,…READ MORE
Author: 10/07/2011
Are you in compliance with the new minimum wage regulations applicable to tipped employees that took effect on May 5, 2011? Read on to find out. For purposes of this article, a tipped employee is one who customarily and regularly receives more than $30 per month in tips. Employers are permitted to take a tip…READ MORE
Author: 08/16/2011
Every business has trade secrets consisting of confidential and proprietary information such as its business processes, marketing plans and client and price lists, all of which are integral to the success of the business. The absence of affirmative action by the business owners to protect trade secrets can be catastrophic. The primary threats to a…READ MORE
Author: 08/16/2011
Effective March 1, 2011, the Maryland Healthy Retail Employee Act (“Act”) went into effect. The new law requires retailers to provide their employees with mandatory shift breaks depending upon the number of hours worked. The Act applies to employers engaged in a retail business or retail franchise having the same trade name with 50 or…READ MORE
Author: 03/03/2011
Noncompete Agreements – Why Bother? 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….READ MORE
Author: 07/13/2010
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…READ MORE
Author: 04/27/2010
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…READ MORE
Author: 04/25/2010
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…READ MORE
Author: 04/13/2010
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…READ MORE
Author: 03/23/2010
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…READ MORE
Author: 12/21/2009
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…READ MORE
Author: 11/17/2009
Cell Phone Use and Texting While Driving in Maryland 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…READ MORE
Author: 09/10/2009
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…READ MORE
Author: 01/15/2009
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…READ MORE
Author: 01/15/2009
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. The Pension Act suspends the need to take required minimum distributions…READ MORE
Author: 12/12/2008
Maryland Developments 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 June 1, 2007…READ MORE
Author: 08/27/2008
Employment Law Bulletin Uniformed Services Employment and Reemployment Rights Act (USERRA) 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…READ MORE
Author: 07/25/2008
