Employment Law & Litigation

If an employee could do your business real harm by moving to a competitor, you should probably ask that person to sign an employment agreement at the time of hiring. Sometimes, for instance, it is better to have the flexibility of an “at-will” employment relationship. We will learn about the nature of your business as well as the style and substance of your relationships with relevant employees. We can consider alternatives such as non-compete, non-solicitation and non-disparagement provisions – then work to create realistic, enforceable agreements.

Do NOT sign off on an employment separation agreement until you talk to us. What you are being paid is just one factor you need to consider. For instance, is your employer agreeing not to contest an unemployment claim and to give you at least a neutral reference? Other nagging issues can continue past your final day, such as the ability to retrieve personal items or computer files that are rightfully yours. While your employer may not typically offer such terms proactively, we can work to negotiate a more favorable agreement that gives you as much protection as possible.

That’s a bad idea, and not just because a good employment manual needs to reflect the specific nature and personality of your business. It also needs to assure your compliance with federal, state and local laws where your business is located and where you have remote employees. We review many existing policies and a lot of them contain errors, oversights, or out-of-date language. Adopting someone else’s mistakes or bad judgment is no defense if an employment issue arises. We see to it that our clients have strong, compliant manuals that treat employees fairly and protect the interests of your business.

Despite their close proximity to each other, the District of Columbia, Maryland and Virginia each have differing laws on minimum wages.  As of July 1, 2020, the District of Columbia’s minimum wage is $15.00.  Effective as of January 1, 2021, Maryland’s minimum wage is $11.75 for employers with 15 or more employees and $11.60 for employers with 14 or fewer employees. As of May 1, 2021, Virginia’s minimum wage is $9.50.  Employers in certain counties who contract with government agencies, or who accept certain government grants, may be subject to additional minimum wage provisions.

Tip pooling refers to the practice in which tipped employees contribute a portion of their tips to a pool which is distributed among a group of employees.  Tip pooling is divided among employees who customarily and regularly receive tips (waiters, waitresses, bellhops, counter personnel who serve customers, bussers, and service bartenders).  Under federal law, managers and dishwashers cannot participate in the tip pool as they do not customarily and regularly receive tips.  Dishwashers (and similar back kitchen staff) may participate in tip pooling when the employer does not participate in tip credits and pays employees the minimum wage directly. 

Every employer has a responsibility to provide a safe workplace for their staff.  The employer’s knowledge of a customer who acts in a manner that makes the workplace dangerous to staff members requires a response. Whether it be to issue a warning or actually removing the offending party from the establishment depends on the staff member’s safety and the safety of others.  Failure to act, has been found in many jurisdictions to create liability as the business may then be found to have actually permitted the behavior.