Labor & Employment

Labor & Employment Law

At Whiteford, our experience in labor and employment law allows us to help clients create a practical platform on which to base labor and employee relations decisions.

Labor & Employment Litigation

Every company is different. We look at corporate culture, history and character to understand the unique relationship between management and employees. Using this understanding, we provide labor and employment law advice and counsel tailored to achieve personnel objectives and avoid unnecessary litigation.

Should litigation arise, our labor and employment attorneys combine their experience in the intricacies of labor law, employment law, and litigation to give you the benefit of in-depth legal knowledge and proven courtroom technique.

Labor & Employment Law Experience

Our attorneys bring broad-based experience to the practice of labor and employment law. Our team includes attorneys formerly with the U.S. Department of Labor, along with those whose careers have been devoted to representing and counseling management in labor relations issues.

Our labor and employment law clients represent virtually every type of business and industry, ranging in size from Fortune 500 companies with thousands of employees in various locations, to small, closely held businesses and not-for-profits. We have also represented many state and local governmental entities in Maryland over the years in litigation, arbitration, contract negotiations, and advice and counsel on employment decisions.

Our experience includes union avoidance, union decertification, election campaigns, collective bargaining negotiations, grievance arbitration, employee handbooks and work rules, affirmative action, wage and hour disputes, occupational safety and health matters, advice and counsel on drafting effective personnel policies and procedures and handling employment discrimination cases. We spend considerable time training our clients and their supervisors on a host of employment related issues ranging from how to properly interview and hire the best applicants, provide appropriate benefits and compensation, manage and where necessary discipline their employees, provide a safe workplace free from harassment or other improper conduct, and how supervisors can more effectively manage their employees.

Our labor and employment law section conducts litigation of representation matters and unfair labor practice charges (offensive and defensive) before the National Labor Relations Board and the Federal Courts of Appeal. We also litigate employment related cases involving claims of discrimination, wrongful discharge, health and safety, whistleblowers and other claims brought by employees against employers in state and federal courts, state and federal administrative agencies and Boards throughout the Mid-Atlantic region. We are admitted to practice in Maryland, D.C., Virginia and New York. Members of this legal section also have extensive experience in immigration matters as it relates to employment and labor laws.

  • Benchmark Litigation Designation
  • Chambers and Partners Designation
  • Employers Counsel Network

Eleventh Circuit Joins Third, Seventh, and Ninth Circuits in Ruling That USERRA Requires Paid Military Leave When Employer Provides Paid Leave For “Comparable” Absences

Change to Maryland’s Cannabis Laws Raises Questions for Employers

An Early Report on How The Supreme Court’s Affirmative Action Admissions Policies Decision Is Impacting The Private Sector

Supreme Court Toughens Standard In Religious Accommodation Cases

The Pregnant Workers Fairness Act: What Employers Should Know

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Employment Law Update: Pro-Labor NLRB Accelerates Union Elections

On December 26, 2023, the NLRB put into effect sweeping new rules providing unions with a rocket-speed advantage in petitioning for a representation election. The new rules once again collapse the time between the filing of a representation petition for an election (an employee vote whether employees want to be union-represented) and the date an election is conducted.
 

Employment Law Update: NLRB News You Should Know

In October 2023, the NLRB finalized its Joint Employer Rule (the Rule), which was slated to become effective February 26, 2024. The Rule would expand when franchisors, staffing company users and other placement firms with business connections to another employer’s direct employees are considered joint employers.

Employment Law Update: Employers - Prepare for The Proposed Overtime Rule

On February 14, 2024, the U.S. Department of Labor (DOL) Wage and Hour Division Administrator, Jessica Looman, testified before the House and confirmed the DOL’s intention to release its new overtime rule (the Rule) in April 2024, despite Republican representatives urging the DOL to withdraw a proposed overtime rule.

Employment Law Update: Changes to the H-1B Cap Registration Process for FY2025

On February 2, 2024, the US Citizenship and Immigration Service (USCIS) issued a Final Rule relating to the FY2025 H-1B visa lottery program, set to open for registration next month. The new rule implements a “beneficiary centric” system, that will ensure that each unique beneficiary will be entered into the system only once, regardless of how many employers may submit a registration on the beneficiary’s behalf. 

Employment Law Update: Salary History Ban

Employment laws seem to be enacted in waves. One year its laws regulating how employers can and cannot react to or control an employee’s use of social media. Then, there is a wave of laws mandating paid sick leave. Of course, there is the evolving wave of laws about facial recognition and data privacy. 

Client Alert: NY Governor Vetoes Non-Compete Bill and Other 2023 Year-End Updates for NY Employers

On December 22, 2023, New York Governor Kathy Hochul gave a holiday gift to New York’s business community when she vetoed New York State Senate bill (S.3100A)—New York’s non-compete bill—that would have prohibited employers in New York from using noncompete agreements and certain other restrictive covenants with employees and other “covered individuals,” amending New York’s Labor Law. The business community lobbied for the Governor to veto or narrow the bill, fearing that the non-compete bill, in the form passed by the New York legislature, would damage New York’s economy, threatening innovation and causing businesses to flee New York for more employer-friendly states.

Employment Law Update: The Latest on Non-Compete Agreements

Non-compete agreements have been the subject of much discussion and scrutiny across the country. While some states and federal agencies push for prohibition of these types of restrictive covenants altogether, Maryland and New York continue their trends of narrowing the class of workers who may be lawfully subjected to a non-compete. Non-Compete Agreements have been the subject of much discussion and scrutiny across the country. While some states and federal agencies push for prohibition of these types of restrictive covenants altogether, Maryland and New York continue their trends of narrowing the class of workers who may be lawfully subjected to a non-compete. 

Employment Law Update: Minimum Wage, Overtime, and the Dangers of Not Staying Up to Date

Last week, the Department of Labor announced it had recovered $11.4 million in back wages and liquidated damages for more than 1,000 employees of a popular Mexican Restaurant chain, Plaza Azteca. Following an investigation that began in 2019, the Department of Labor filed a lawsuit against the owner of several Plaza Azteca locations alleging violations of the Fair Labor Standards Act (“FLSA”).

Employment Law Update: Protecting Company-Issued Electronic Devices

We’ve seen it happen: an acrimonious termination results in a terminated employee refusing to return a company-issued laptop computer or other electronic device, claiming it contains personal information. In a recent Maryland criminal law case, State v. McConnell (July 17, 2023), the Maryland Supreme Court gave strong ear to an employee’s claim of privacy entitlement to information stored on a provided laptop, stating that computers “can reveal the sum of an individual’s private life.”  

Client Alert: EEOC Proposes New Workplace Harassment Guidance

On September 29, 2023, the U.S. Equal Employment Opportunity Commission (“EEOC”) issued its 144-page proposed Enforcement Guidance on preventing workplace harassment under the anti-discrimination laws that the EEOC enforces (“Guidance”). The stated purpose of the Guidance is to clarify for the public what the EEOC maintains are legal requirements for preventing unlawful harassment in the workplace. What is concerning, among other things, is the very broad approach to illegal workplace harassment that the EEOC sets forth. While any EEOC Guidance does not have the force of law, it provides insight into the EEOC’s focus and how it will interpret and administer the laws it is charged with enforcing.
 


 

An Early Report on How The Supreme Court’s Affirmative Action Admissions Policies Decision Is Impacting The Private Sector

In Students for Fair Admissions v. Harvard, 600 U.S. _ _ _ (June 29, 2023) (SFFA), the United States Supreme Court struck down the legality of affirmative action programs within the university setting, holding that universities may not use race by itself as a “plus factor” in college admissions decisions. Without delving too deeply into the legal nuances of the 237-page decision, the Court’s majority opinion noted the following important points: (1) because of the “zero sum” nature of university admissions, it is not possible for race to be a “plus factor” for some applicants without functioning as a detriment for others; and (2) using race as a plus factor inevitably invokes impermissible race stereotyping. It took only moments before the ripples of this decision were felt across both the public and private sector.

Change to Maryland’s Cannabis Laws Raises Questions for Employers

As of July 1st, Maryland law now permits the possession and use of small amounts of marijuana. Unlike some other jurisdictions that have decriminalized marijuana possession, Maryland’s new statute does not directly address the law’s consequences for employers and employees. In the absence of statutory language clarifying the law’s impact on the workplace, many Maryland employers have been left uncertain as to their ability to prohibit, or test for, marijuana use among their employees. 

Eleventh Circuit Joins Third, Seventh, and Ninth Circuits in Ruling That USERRA Requires Paid Military Leave When Employer Provides Paid Leave For “Comparable” Absences

A growing number of federal appeals courts are ruling that the Uniformed Services Employment and Reemployment Rights Act ("USERRA") requires employers to provide employees on military leave with the “same rights and benefits” as are provided to similarly situated employees on non-military leave.

Supreme Court Toughens Standard in Religious Accommodation Cases

This past June, the Supreme Court issued a decision “clarifying” the test applied to determine when an employer would be justified in refusing a requested religious accommodation. Under Title VII, an employer may not discriminate against an employee or applicant on account of their religion. In regulations issued not long thereafter, the EEOC added its interpretation that this non-discrimination provision also required an employer to “make reasonable accommodations to the religious needs of employees” whenever those accommodations would not work an “undue hardship on the conduct of the employer’s business.” This interpretation was then adopted by Congress when it amended the statute in 1972. The term “religion” was also further defined to include “all aspects of religious observance and practice, as well as belief.” 

The Pregnant Workers Fairness Act: What Employers Should Know

On June 27, 2023, the Pregnant Workers Fairness Act (“PWFA”) became law, placing heightened obligations upon employers to accommodate pregnant employees. The Equal Employment Opportunity Commission (“EEOC”) immediately began accepting charges under the PWFA for alleged violations occurring on or after June 27, 2023.

Client Alert: US Department of Labor Proposes Increased Salary Requirement for White Collar Overtime Exemptions

On August 30, 2023, the US Department of Labor, Wage and Hour Division, issued a notice of proposed rulemaking increasing the requirements for claiming overtime exemptions for Executive, Administrative and Professional employees, commonly referred to as the “White Collar Overtime Exemptions.” Currently, a White Collar employee can only be overtime-exempt (that is, paid on a flat salary basis without overtime) if the employee performs certain functions requiring judgment and discretion, and is paid at least $684 per week, approximately $35,600 annualized.

Client Alert: NLRB Sets New Standard For Evaluating Lawfulness of Handbook Policies

In a decision issued on August 2, 2023, the NLRB overruled existing precedent regarding the lawfulness of employer work rules and policies as articulated in employee handbooks, in favor of a new test which places the burden on employers to justify presumptively unlawful policies by showing that the work rules or policies advance a legitimate and substantial business interest that cannot be achieved by a more narrowly tailored rule. 

Client Alert: USCIS Announces New I-9 Form And Changes To Verification Procedures For Eligible Employers

On July 21, 2023, the U.S. Citizenship and Immigration Services (USCIS) announced a new Form I-9 to be used in connection with the verification of employment eligibility. The new form is available for use effective as of August 1, 2023. Employers may continue to use the older version of the Form I-9 (Rev. 10/21/19) through Oct. 31, 2023. After that date, they must use the new form. Use of an older version of the form will subject employers to penalties under Section 274A of the Immigration and Nationality Act, as amended.

Client Alert: Supreme Court Addresses Executive Compensation For Supervisors Paid a Daily Rate

On February 22nd, the Supreme Court ruled that an executive or managerial employee otherwise qualified to be overtime exempt, lost that exemption if paid on a daily rate basis.

As background, highly compensated employees, those identified as “Executive” or “Administrative” under the Federal Fair Labor Standards Act (“FLSA”), can be overtime exempt if performing certain high level functions, and if paid on a “salaried basis.” At issue, the U.S. Supreme Court addressed whether an individual, otherwise entitled to exempt status, loses that status if paid on a daily pay basis – that is whether daily paid individuals are receiving a “salary.”
 

Client Alert: PA Employment Discrimination Changes

2023 marks a new year and the expansion of the scope of protected classes that will be covered under Pennsylvania anti-discrimination laws. On December 8, 2022, the Independent Regulatory Review Commission approved regulations proposed by the PA Human Relations Commission to expand and clarify classifications of the terms “sex”, “race” and “religious creed” as they pertain to protected classes under the Pennsylvania Human Relations Act (PHRA) and the Pennsylvania Fair Educational Opportunities Act (PFEOA). Most notably, the new definitions clarify coverage of those in the LGBTQ+ community and prohibit discrimination based on hairstyle and hair texture. Although federal laws protecting these subclasses have been in place for some time, they have not been specifically referenced at the state level until now. 
 

Client Alert: FTC Proposes New Rule Prohibiting Non-Compete Agreements

On January 5, 2023, The Federal Trade Commission (“FTC”) proposed a new rule that would ban essentially all non-compete agreements that employers impose on their workers. The notice of proposed rulemaking would deem any non-compete clauses with paid staff and independent contractors, as well as unpaid workers, to be an unfair method of competition that must be rescinded and that employers must tell current and former employees they've stopped enforcement.
 

Client Alert: A Gift for NCAA Athletes? The NLRB Finds Merit for Employee-Athletes

On December 15, 2022, The National Labor Relations Board (“NLRB”) handed down a finding of merit in Case 31-CA-290326 brought by the National College Players Association (“NCPA”) on behalf of men’s and women’s basketball and football players that charged the University of Southern California (“USC”), the PAC-12 Conference (“PAC-12”) and the National Collegiate Athletics Association (“NCAA”) with an unfair labor practice, alleging they had systematically misclassified players as “student-athlete” nonemployees instead of employees to prevent the athletes from realizing their rights under the National Labor Relations Act.

O-1 Visa Issues

U.S. trade and professional organizations periodically encounter inquiries from foreign nationals looking for support for a visa application for the United States.  The individual is invariably asking for the organization to provide them with a “recommendation” or “opinion” letter to support their O-1 visa application.  The inquiry usually raises multiple questions for the organization -- Are we required to provide the letter? What happens if we say yes (or no) to the request? Will the immigration service investigate us if we provide the letter?  - and so on.  In other cases, the organization is looking more for guidance on how to set limits on such “recommendations,” given that most of the individuals who come to them are not members of the organization.

State Mandated Retirement Programs

Maryland’s mandated retirement plan is up and running.  Virginia’s and Delaware’s plans are not far behind. 
 
The State of Maryland now requires all private employers, with few exceptions, to provide a retirement savings vehicle for employees.  The MarylandSaves program is now active and employers that have at least one W-2 employee can expect to receive notices alerting them to sign up or obtain an exemption.
 
Delaware is expected to roll out its mandated retirement program in 2025 and Virginia is expected to do so in 2023. 

Client Alert: Maryland Passes New Paid Family Leave Law

The Time to Care Act of 2022 specifies that the Maryland Department of Labor must adopt regulations to implement the bill by June 1, 2023, which includes establishing a paid leave fund that collects contributions from employers and employees based on wages.

Employment Offer Letters

The Offer of Employment letter serves many purposes. The letter must enhance the applicant’s interest in the opportunity and protect the employer against claims that it misrepresented the employment opportunity.

Data Privacy and Security in the Remote Work Era

During the course of the pandemic, IT departments were overwhelmed by the pressing need to provide employees with remote access in a very short time. That need may have, in some cases, overridden established processes and procedures around data security.

Insurance Considerations for Employers With Remote/Hybrid Employees

The rise of remote work comes with potential liability, requiring employers to examine the scope of their existing insurance coverage and to explore additional options for coverage. Remote working generally implicates three forms of business and employer-liability insurance: (1) worker’s compensation; (2) cyber-insurance; and (3) commercial property insurance.

State Tax and Withholding Consequences of Remote Work

Although many employees have returned to working on location again, factors indicate that the labor market has changed to more permanently accommodate remote workers. With this shift comes state tax and other employment issues employers must now contend with.  This article focuses on some of the state tax issues.

Time To Consider a Remote Work Mini-Handbook?

Overnight, literally millions of employees became remote workers with employers scrambling just to keep the doors open. There was no time to prepare guidelines describing the expectations and unique challenges of the new remote environment. But there is time now, and the well-advised employer should do so.

Client Alert: Stay Lifted on OSHA’s Vax or Test Mandate

The Sixth Circuit lifted the stay on OSHA’s vaccine or test mandate for employers with 100 or more employees. The Fifth Circuit stayed the mandate pending a review of whether the coronavirus presented a “grave danger” necessitating such sweeping federal action a day after the rules were published. With the stay lifted, employers are left revisiting the requirements of the mandate.

Retirement Plan Update: What Plan Sponsors Are Seeing and What is Coming

If your association or organization sponsors one or more retirement plans, you should be on the lookout for outreach from your recordkeepers or plan document providers.  Please note that many times the outreach comes through the providers’ employer portal with a corresponding email to the contact of record.  You should verify that the designated contact person is correct.  Failure to adopt the amendments described below in a timely manner may result in assessment of penalties by the Internal Revenue Service or disqualification of the retirement plans.

Computer Fraud and Abuse Act: Supreme Court Ruling

Employers can no longer rely on their contracts, policies, or industry standards as grounds for seeking a private suit against employees under the Computer Fraud and Abuse Act of 1986 (CFAA). The Supreme Court recently ruled that the CFAA did not regulate a person's authorized access to a computer for an improper purpose.  The Court limited claims under the CFAA to a person who exceeds his/her authorized access.

Workplace Religious Accommodations and Islamic Prayer

Few issues are more sensitive for employers than accommodating employees’ religious practices and observances. In recent years, Muslim employees and their employers have struggled with how to handle the religious requirement to perform obligatory prayers while at work.

D.C. Bans Non-Compete Agreements

In the close geographic quarters of the District of Columbia, non-compete agreements were a common tool for employers seeking to protect their business from former employees going to work for competitors. Now, employees cannot be bound by such covenants not to compete, and are generally free to take up shop with the competitor across the street. This new law will inevitably change the landscape of DC employment practices.

Standard Lessened for Actionable Claims of Harassment in Montgomery County

As a chartered county, Montgomery County has the discretion to determine what actionable discrimination is under County law. As such, effective January 15, 2021, the County Council for Montgomery County, Maryland passed Bill 14-20 which updated the County’s Human Rights law to define harassment, including sexual harassment.

Virginia’s Legislative Update Affecting Employers

Every winter, Virginia’s General Assembly gathers in Richmond to pass new laws affecting Virginians and Virginia businesses. Three of the most recent and consequential changes affecting employers are changes to Virginia’s minimum wage, paid sick leave to certain employees, and prohibition on disciplining employees for medicinal use of cannabis oil.

Can Your Association Adopt a COVID-19 Vaccine Requirement?

In the coming months, association leaders will need to evaluate a range of legal questions and practical concerns as they consider establishing a COVID-19 vaccination policy for their workplace and events. Here are some of the key issues that any association should consider before implementing a vaccine policy.

Let’s Talk Politics - Suppression of Speech in the Workplace

An employee responds to a racially derogatory social media post with a thumbs up. A customer complains that a clerk’s BLM mask is offensive. A tech CEO blasts a political endorsement to the millions of employees of client companies. Each of these scenarios presents an additional challenge to an employer already navigating the difficulties imposed by a once in a generation health crisis, and an increasingly polarized political climate. 

Client Alert: Issues Abound in Employee Payroll Tax Deferral

On August 8, 2020, President Trump sent a memorandum (the “Memorandum”) to the Treasury Department (“Treasury”), ordering the Secretary of the Treasury to defer collection of the employee portion of Social Security withholding (and withholding for certain railroad workers under the Railroad Retirement Tax Act) from September 1, 2020, through December 31, 2020.

Client Alert: VDOLI COVID-19 Workplace Safety Rules

On Wednesday, July 15, 2020, the Virginia Safety and Health Codes Board (“Board”) of the Virginia Department of Labor and Industry (“VDOLI”) met to discuss and adopt workplace safety regulations (16 VAC 25-220) proposed by VDOLI on June 12, 2020 in response to the SARS-CoV-2 virus (“Virus”) that causes COVID-19. This meeting was the final meeting in a series of meetings held by the Board to discuss the originally-proposed regulations. During this time, multiple amendments to these regulations were proposed by Board members.

The Values Act Adds Teeth to the Virginia Human Rights Act

Effective July 1, 2020, the Virginia Values Act amends and drastically rewrites the Virginia Human Rights Act (“VHRA”), adding substantial teeth to the statute.  Among its key provisions, the Virginia Values Act expands the definition of covered employers, expands the causes of action available to aggrieved employees, increases the classes of employees who are protected, and expands the remedies available to employees who sue.  With the substantial changes, it is anticipated that employers will see a flood of new litigation under the VHRA.

Virginia’s Prohibition on Non-Compete Covenants for Low-Wage Employees

Virginia employers who have or are considering non-compete agreements with low-wage earners should take note. Effective July 1, 2020, Virginia employers are prohibited by statute from entering into, enforcing, or threatening to enforce a covenant not to compete with any low-wage employee. See Va. Code § 40.1-28.7:8(B).

Client Alert: Amended Virginia Wage Payment Act

On March 10, 2020, Governor Ralph Northam signed into law an amendment to the Virginia Wage Payment Act (“WPA”) passed by the Virginia General Assembly, which will go into effect on July 1, 2020.

Client Alert: Virginia Department of Labor and Industry COVID Proposed Rules

On Wednesday, June 24, 2020, the Virginia Safety and Health Codes Board (“Board”) of the Virginia Department of Labor and Industry met to discuss the adoption of the proposed COVID-19 workplace safety regulations previously highlighted in our June 18 Client Alert below. The Board did not vote on the proposed regulations, but addressed several procedural matters moving the Board closer to approving new regulations in the near future. The Board anticipates holding another meeting the week of June 29, 2020 where it may vote on approving final regulations, although a meeting date has not been announced.

The Importance of Pronouns in the Workplace

Right now, employees may be experiencing anxiety and feeling excluded as result of Stay-at-Home Orders issued in various states to address the coronavirus pandemic.  These feelings may linger once those Orders are lifted and we resume a new normal in the workplace.  As such, employers, including those in leadership and management positions, must be aware of these feelings and avoid actions that may further exclude employees.  This includes, but is not limited to, recognizing the importance of pronouns in the workplace.

Client Alert: Recent Guidance Provides Extensions of COBRA Notice, Election, and Premium Payment Deadlines

On May 4, 2020, the Internal Revenue Service and Employee Benefits Security Administration of the Department of Labor jointly published guidance extending a number of employer deadlines for notices and claims under employer-provided retirement and welfare plans.  Most relevant to many employers will be the extensions applicable to COBRA continuation of coverage requirements.

Client Alert: COVID-19 Labor & Employment FAQs - You've Asked, We've Answered

In light of the current state of affairs surrounding COVID-19, employers are facing challenges not typically encountered in their day-to-day roles.  Our Whiteford professionals have addressed questions for our clients in hopes these answers will assist in easing how to deal with this particularly difficult, ever-changing situation.

Client Alert: Congress Enacts New FMLA and Paid Sick Leave Requirements in Response to COVID-19

On March 18th, the U.S. Senate approved the Families First Coronavirus Response Act, which was recently passed by the House of Representatives.  The legislation now awaits signature by the President.  Among a host of measures relating to health services and other forms of aid, the Act contains two new laws creating employee leave rights that will apply to a broad spectrum of employers.  Under the terms of the new statute, these employee leave provisions will take effect within 15 days of the law being enacted.  Below is brief overview of the key provisions of those two components of the Act.

Don’t Fall For the Trap

It is so easy to fall into the trap: an employee comes to a member of the Board of Directors with a complaint about some job concern and gets the director to “bite.” Out of an understandable, or even noble, desire to be a fixer, a director may assure the employee that he will address the concern, and take care of it. But is that a good judgment response?
 

Client Alert: Joint Employment Clarified

On January 12, 2020, the U.S. Department of Labor (DOL) announced its Final Rule clarifying that employers must exercise “direct control” over employees to be a joint employer under the Fair Labor Standards Act (FLSA). The Rule is good news for employers; it sets a higher standard for plaintiffs seeking additional defendants in a wage and hour claim.  Employers who use staffing agencies, have franchise relationships, or use subcontractors will want to take special note.

District of Columbia Universal Paid Leave Act

Under the Universal Paid Leave Act (“UPLA”), beginning in July 2020, employees in the District of Columbia will have the option of taking three types of paid leave: up to eight weeks of parental paid leave taken within a year of giving birth, placing a child in adoption or foster care, or changing the custody of a child; up to six weeks of family paid leave to care for or provide companionship to a seriously ill family member; and up to two weeks of medical paid leave after the employee is diagnosed with or had an occurrence of a serious health condition.

Maryland’s Expanded Sexual Harassment Law

Recently enacted amendments to Maryland’s anti-discrimination laws go into effect today, October 1, 2019, which will have a wide impact on Maryland employers and their ability to defend against sexual harassment claims.

Client Alert: Virginia Employers Must Produce Personnel Files

As of July 1, 2019, employers in Virginia must furnish to employees and former employees copies of all records retained by the employer in the following categories:
 
  • the employee’s dates of employment with the employer
  • the employee’s wages or salary during the employment
  • the employee’s job description and job title during employment
  • any injuries sustained by the employee during the course of the employment with the employer (Virginia Code §8.01-413.1(B)).

Ethical Misconduct in Coaching

The recent news of athletic department recruitment scandals - accepting bribes to gain admissions using dedicated roster spots for non-athletes - and for the practice to so easily escape detection is diagnostic of a greater issue within the results-oriented world of collegiate athletics.[1] An environment conducive to ethical misconduct may exist where rules are stretched, improprieties are overlooked and whistleblowing only occurs at great personal risk, both for athletic department employees, as well as students.  Inadequate oversight of unethical misconduct can result in severe consequences, such as the recent and tragic death of a University of Maryland athlete.  In that case, an entire University Board was forced to functionally admit a major athletic program oversight.   Schools and universities must take steps now to ensure that oversight of ethical misconduct, particularly in the athletic department, is being handled appropriately.

Is the Playing Field Level?

The issue of gender equality in sports is front and center.  While not a new issue, recent lawsuits are challenging the practice of paying female athletes substantially less for similar work than male athletes. 

In 2017, the history of gender inequity in sports was highlighted in the motion picture, Battle of the Sexes.  The film depicted the epic, nationally televised, 1973 tennis match between female tennis star Billie Jean King and her male counterpart Bobby Riggs, portrayed as a male chauvinist.  King was the first female tennis player to win over $100,000 in a year prior to this epic match.  The tennis match between these players sent an important message that women deserved the same amount of prize money and respect as males.  As set forth in this article, this message continues to resonate today in sports.

Accountability in the Virtual Workplace

It is an understandable tendency to want one-size-fits-all policies and employment handbook provisions in the workplace, but the virtual workplace modality creates a need to re-examine that tendency.  After all, the conditions at play in the virtual workplace involve issues of control and accountability not present when all employees are easily observed and reachable by merely walking the halls.

Multi-Jurisdictional Issues in Today's Remote Workforce

You are an employer located in Columbia, Maryland, with a mobile workforce, which travels to client sites around the state and into the District of Columbia and Pennsylvania.  One of your employees, who regularly works between sites in Montgomery County and the District needs to be out because his child’s school has been closed by order of the county government.  You look to your policies and see that your employee has no more paid vacation leave available, and only one day of sick leave left.  Since your policy limits the use of sick leave to only those categories of leave permitted under Maryland law, you tell the employee that he will need to take a day of unpaid leave, because he is not eligible for paid sick leave. 

Unintended Consequences of Remote Employees

One of your valued employees comes to you with exciting news – her partner has been offered a big promotion, but it requires a move across country.  She would love to continue working for your company and you would hate to have to replace her.  So you both agree on a plan that allows her to continue to work remotely from her new state. Everyone is happy, until you learn about the unintended consequences of having a remote employee.

The Impact of #MeToo is Deeper Than You Think?

Under Title VII of the Civil Rights Act, and many similar State civil rights laws, the liability for sexual harassment can vary greatly based on the nature of the claim. The Supreme Court companion cases of Faragher v. City of Boca Raton, 524 U.S. 775 (1998), and Burlington Industries, Inc. v. Ellerth, 524 U.S. 742 (1998) set out a standard holding an employer strictly liable for instances of sexual harassment by a supervisor, but left open a window, by way of an affirmative defense, where the employee suffered no tangible adverse employment action as a result.

’Tis the Season! Celebrating the Holidays in a #MeToo Era

In light of the #MeToo movement, companies that have held holiday parties in the past are foregoing hosting holiday parties to avoid the potential for liability. However, concerns about #MeToo should not dissuade companies from celebrating staff, the holidays, and end-of-the-year accomplishments. Instead, companies should be proactive in planning holiday parties, as well as in educating employees about appropriate behavior, before hosting such parties to minimize risks. Below are suggested considerations for companies that do not want to forego throwing a holiday bash.

Client Alert: Paid Sick Leave Law Set to Take Effect

In the opening days of the 2018 legislative session, Maryland’s General Assembly overrode Governor Larry Hogan’s veto of the paid sick leave bill passed in 2017.  Use of the veto override procedure meant that the law would take effect only 30 days after it was enacted, meaning that the law will become effective on February 11, 2018.  During the final days before the law’s effective date, the General Assembly considered a bill to delay its effective date to July 1st, but the legislation appears unlikely to pass in the House of Delegates.  As a result, mandatory sick leave will shortly become a reality in Maryland.

Maryland General Assembly Overrides Governor's Veto: Paid Sick Leave Law To Take Effect in February

Following nearly a year of speculation, the Maryland General Assembly has voted to override Governor Larry Hogan’s veto of the paid sick leave bill passed by the General Assembly near the close of last year’s legislative session.  The Maryland Healthy Working Families Act (HB 1/SB230) will now take effect in thirty days absent further action by the General Assembly to provide additional time to prepare for its implementation, and will have significant implications for Maryland employers. 

Whiteford Attorneys Authored Fall 2017 Maryland State Bar Association’s Labor & Employment Section Newsletter

Whiteford, Taylor & Preston attorneys authored the most recent issue of the Maryland State Bar Association’s Labor & Employment Section Newsletter.  Peter Guattery coordinated the effort for the Fall 2017 issue (attached) and contributed an article, as did:  Steve Bers, Jennifer Jackman, Kevin McCormick, Tiffany Releford, Jeff Seaman, and David Stevens.

Form I-9 with Revision Date of July 17, 2017 Must be Used as of September 18, 2017

Effective September 18, 2017, all employers must use Form I-9 with a Revision Date of 7/17/2017 for verification of employment authorization of all newly hired employees.  The new form contains minor changes to language on the form, largely renumbers the list of acceptable documents and updates list C documents to include the most current version of a certification or report of birth abroad to the U.S. Department of State.  

As political tensions rise, employers need to take care responding to protests

Many employers saw their ranks diminished on February 16 as a host of employees stayed away from work in support of the nationwide “A Day Without Immigrants” campaign. 

Employers are likely to see that situation repeated as more protests are scheduled for the coming months. A walkout to support “A Day Without a Woman” is scheduled for March 8, and another “A Day Without Immigrants” is scheduled for May 1.

CLIENT ALERT: New I-9 Use Mandated By Jan 21

Clients are reminded that as of January 21, 2017, they must use the new Form I-9 for employment verification purposes.  Failure to use the new form could result in a potential technical violation of the Immigration Reform and Control Act (IRCA), which became law in November 1986.
 
The new form contains a number of additional fields and a set of instructions which, at 15 pages, is more than double that of the prior form.  In addition, USCIS has prepared a Smart Form, which may be accessed online, that should greatly aid in correct and thorough completion of the form.

DOL Takes Another Beating: Court Blocks Persuader Rule

A federal district court has permanently blocked a U.S. Department of Labor (DOL) regulation that would have created new requirements for employers looking to keep unions out of their workplaces.

Maryland Equal Pay Law Will Take Effect October 1

Maryland’s new Equal Pay for Equal Work Act, which takes effect on October 1, will prohibit employers from providing less than favorable employment opportunities to or discriminating against employees by paying different rates based on their sex or gender identity.

New Department of Labor Overtime Regulations

Effective December 1, 2016, the US Department of Labor regulations defining overtime-exemption eligibility requirements will change, with the impact upon employers being that fewer employees may be eligible for payment on a level salary basis for all hours worked – that is, employers may lose their overtime exemption.  The new requirements will have a direct impact upon any current salaried employee being paid a salary of less than $913 per week.

What Do DOL's Final 'Persuader' Rules Mean For Employers?

According to the DOL, reportable persuader activities would include any action, conduct, or communication by a consultant on behalf of an employer that would directly or indirectly persuade workers with regard to their rights to organize and bargain collectively, regardless of whether the consultant has direct contact with the workers. Any lawyer who works on written materials to be distributed to employees would be considered a persuader even if there is no direct contact between the lawyer and the employees. As a result, the lawyer’s fees generated for those activities must be disclosed.

NLRB Dismisses Petition To Unionize Northwestern Football Players

Just how the dismissal of the petition to unionize some Northwestern University football players will affect other representation issues before the National Labor Relations Board (NLRB) is uncertain, but one issue the Board didn’t touch is whether scholarship football players should be considered employees.

D.C. Pregnant Workers Fairness Act

The D.C. Protecting Pregnant Workers Fairness Act of 2014 (“the Act”) became effective March 3, 2015.  Under the Act, D.C. employers are required to provide accommodations, when requested, to employees when they are needed due to pregnancy, childbirth, related medical conditions or breastfeeding.

New Required Notices for D.C. Employers

The D.C. Wage Theft Prevention Amendment Act of 2014 (WTPAA) became effective February 26, 2015.  Under the WTPAA, all D.C. employers must provide new hires with specific information about their employment.  Further, effective May 27, 2015, D.C. employers must provide all existing employees with updated information about their employment.  This new notice requirement applies to all D.C. employers regardless of size.  Both new hires and existing employees must be given notice of the terms and conditions of their employment in the format set forth in the Notice of Hire- Employment Status and Acknowledgement of Wage Rate(s) (Notice of Hire).  A copy of the Notice of Hire can be found at the D.C. Depart of Employment Services website, http://does.dc.gov

Hat Fight: NLRB Ruling Against Company Hat Policy Rejected by D.C. Circuit

In World Color Corp. v. NLRB (D.C. Circuit No. 14-1028), the Court addressed a petition by a graphic printing company for review of a decision by the NLRB that the company’s employee hat policy violated the National Labor Relations Act (“the Act”).  The employer’s policy prohibited the wearing of baseball caps other than company caps bearing the company logo.  The National Labor Relations Board (NLRB) determined that the policy violated the Act because it prohibited employees from wearing union caps that bore union insignia (and thereby violated the employees’ rights under the Act). However, the policy also permitted employees to accessorize “in good taste and in accordance with all safety rules.”  The company argued that the NLRB erred in failing to consider the employees’ ability, under the “accessorizing” portion of the policy, to apply union insignia to their company caps, and that, because employees were permitted to accessorize with union insignia, the policy did not violate the Act. 

How Simple is that Simple Retirement Plan, Really?

Small employers with less than 100 employees may opt to install a “SIMPLE” IRA Plan or a Simplified Employee Pension Plan (SEP) as an alternative to a traditional qualified retirement plan such as a profit sharing plan or 401(k) plan.  The benefits of the arrangements are meaningful – there is no required discrimination testing, no annual reporting, and no lengthy plan document required to be adopted, but, by establishing such a plan, a small employer can provide a meaningful retirement benefit to employees and a business owner can shelter income from current taxes. 

Proposed Legislation in Maryland Regarding the Definition of Supervisors

In Vance v. Ball State University, 133 S. Ct. 243 (2013), the Supreme Court narrowed the EEOC’s definition of a supervisor, which included individuals with broad day-to-day supervisory authority, to find that an employer can be held vicariously liable for the discriminatory acts of a supervisor, if the supervisor has the power to take tangible employment actions against the employee.  In other words, the definition of supervisor was limited to those individual with the ability to hire, fire, transfer, or affect the status of the employee.  The Maryland General Assembly has introduced House Bill 42, the “Fair Employment Preservation Act of 2015,” to codify existing state law and apply the broader definition of supervisor adopted by Maryland state and federal courts prior to the Vance ruling.

Social Media & Employment Law

The advent of social media has changed the landscape of how people communicate, share and connect with others online, through applications such as Facebook, Twitter, LinkedIn, Instagram, and Snapchat, among others.  As social media has become the conduit by which people share thoughts, comments and videos online, employers have begun using the same tools to recruit potential hires, convey their brands, retain employees and increase visibility in the marketplace.  

Montgomery County's Criminal Background Law Enacted With Significant Changes

The purpose of this note is to summarize the significant differences between the criminal background check bill introduced in the Montgomery County Council in July (“Fair Criminal Record Screening Standards”) and the version of that bill that was passed into law by the Council on October 28, 2014.   We also provide you with a comparison of the Montgomery County law to the District of Columbia’s corresponding criminal history law (“Fair Criminal Record Screening Amendment Act of 2014”). 

The "Unpaid" Intern

You are contemplating hiring an “intern” for your organization.  You have budget constraints, but you could sure use the extra help.  What should you do?  Should the intern be classified as an unpaid volunteer or paid employee?  Recently, the US Department of Labor (“DOL”) issued guidelines on how to structure an internship program in compliance with the Fair Labor Standards Act.

NLRB Memoranda Encourage Cooperation Between OSHA, WHD and NLRB In Advising Employees of Possible Claims

Recent memoranda issued by the General Counsel of the NLRB’s Operations Management Division make it clear that OSHA, Labor’s Wage and Hour Division, and the NLRB Regional Offices are going to be taking a more coordinated, less compartmentalized approach to addressing workplace complaints.  The memoranda also encourage personnel from those agencies to advise claimants about possible claims under other labor laws.

Baltimore Council Votes To Ban the Box

Employers in Baltimore will face new restrictions in conducting criminal background checks now that the city council has passed a tough new “ban the box” law.

Bill 13-0301, titled “Ban the Box – Fair Criminal Records Screening Practices,” passed the Baltimore City Council on April 28 and was expected to gain Mayor Stephanie Rawlings-Blake’s signature. It is to go into effect 90 days after adoption.

No paydirt yet: Northwestern players have ground to cover before unionization

On January 28, a group of football players at Northwestern University filed a union election petition with the National Labor Relations Board (NLRB) in Chicago. On Wednesday, March 26, 2014, the Board ruled that certain student athletes are employees entitled to a union election. This is the first time college athletes have sought to unionize under the National Labor Relations Act (NLRA), and this ruling could change college athletics forever. 

Employer Liability For Sexual Harassment By a Subordinate

The U. S. District Court for the District of Columbia recently dealt with a question that has rarely been addressed in sexual harassment/ hostile work environment cases:  under what circumstances is an employer liable for the sexual harassment of an employee by one of that employee’s subordinates? 

Maryland Law on Accommodations for Pregnant Workers Takes Effect on October 1

Maryland’s Reasonable Accommodations for Pregnant Workers Act goes into effect October 1, meaning Maryland employers with 15 or more employees must provide reasonable accommodations to employees who experience a disability because of a pregnancy.

Basically, the new law requires employers to treat pregnancies in much the same way disabilities covered by the Americans with Disabilities Act (ADA) are handled. Accommodations are required unless they would impose an undue hardship on the employer.

Affordable Care Act Requirements for Employers: Although Mandate Delayed, Action Still Required

The impending need for compliance with the Patient Protection and Affordable Care Act of 2010 has been a source of great concern for employers.  Recently, the U.S. government announced a one-year delay in the implementation of one of the statute’s central provisions, the employer mandate.  Despite that extension, the law still requires that employers take action this year in order to remain compliant.  This article examines one of the critical provisions of the law which remains in place notwithstanding the delay of the employer mandate. 

Maryland Legislature Creates New Procedure for Employees Pursuing Wage Claims

During the most recent legislative session, the Maryland General Assembly enacted legislation that creates an entirely new procedure by which employees who believe they are due unpaid wages can seek to obtain a lien against their employer for the wage amount.  Most significantly, the procedure allows for the entry of a lien prior to a full adjudication in which the employee is obligated to demonstrate the merits of the wage claim.  This article examines the new statute, which takes effect October 1, 2013. 

Senate Breaks NLRB Logjam

For the past several years, the political stalemate in Washington, D.C. has resulted in the National Labor Relations Board operating with fewer than its standard complement of five members.  Earlier this month, an agreement between Senate Republicans and the Obama administration resulted in the confirmation of new NLRB members, breaking an impasse that has resulted in numerous legal challenges to decisions made while the NLRB was operating with members who had not been confirmed by the Senate.  This article examines the backgrounds of the new Board members, and offers insights as to what the new membership composition will mean for employers in the coming years. 

D.C. Circuit Nixes NLRB Posting Requirement

In a long-awaited decision, the U.S. Court of Appeals for the D.C. Circuit has struck down the National Labor Relations Board’s mandate that all employers covered by the National Labor Relations Act post a notice of employee rights under the law.  This article examines the controversy surrounding the Board’s unprecedented posting requirement and the impact of the D.C. Circuit’s decision.

Employers Now Required to Use Revised Form I-9 When Verifying Employment Eligibility

On March 8, 2013, the U.S. Citizenship and Immigration Services (“USCIS”) published a revised Employment Eligibility Verification Form I-9, which contains some slight modifications to the familiar form used by employers when verifying the eligibility of newly hired employees to work in the United States.  While employers were given a sixty-day grace period to begin using the revised form, as of May 7, 2013, the failure to use the revised form will subject an employer to statutory penalties.  This article examines the revisions made to Form I-9. 

End of Maryland Legislative Session Brings New Law Addressing Employers' Obligation to Pregnant Employees

The Maryland legislative session typically includes the introduction of a number of bills affecting the relationship between employers and their employees.  This article notes several such bills that were considered – but failed to pass – in the most recent session and examines a newly enacted law creating additional obligations for employers with pregnant employees.

Court Order Indefinitely Delays Implementation of NLRB Notice Posting Requirement

In the latest development of the ongoing drama surrounding the National Labor Relations Board’s mandate that all employers covered by the National Labor Relations Act must post a notice of employee rights under the law, the U.S. Court of Appeals for the District of Columbia Circuit has issued an order staying implementation of the posting requirement, which had been set to take effect on April 30, 2012.  This article examines the controversy surrounding the posting requirement and the impact of the D.C. Circuit’s decision. 

Fourth Circuit Holds That Internal FLSA Complaint Can Support Retaliation Claim

In a recent decision, the United States Court of Appeals for the Fourth Circuit held that an employee’s internal complaint to company management about possible wage-hour violations may be protected under the Fair Labor Standards Act’s anti-retaliation provisions.  The Fourth Circuit reversed the decision of the trial court, which had dismissed the case based on its finding that the informal complaints were not protected under the FLSA.  This article examines the facts of this important case, as well as the significant implications for employers.

Maryland Legislature Passes Bill Prohibiting Employers from Requesting Social Media Passwords

During the recently completed legislative session, the Maryland General Assembly became the first state legislature in the country to pass legislation prohibiting employers from requesting access to employees’ and job applicants’ personal computer accounts, most notably Facebook and other social media accounts.  This article examines the effects the law will have on how Maryland employers handle hiring decisions and internal investigations.

Are Your Employees Misclassified?

Worker classification has become a major concern for employers, as governmental agencies have stepped up their efforts to investigate allegations that individuals who are properly considered employees have been misclassified as independent contractors.  Recently, the IRS announced a program under which employers may be eligible to reclassify workers as employees at a reduced cost and without the threat of major IRS penalties.  This article examines the potential benefits – and pitfalls – associated with the new program and provides an overview of the worker misclassification conundrum.

Court Addresses Interplay Between FMLA and ADA Obligations

One particularly vexing issue that employers are often faced with is the confluence of FMLA and ADA concerns that arise when an employee experiencing a serious health condition – which may also qualify as a disability for purposes of the ADA – is approaching the end of his or her FMLA leave allotment.  While the employer’s obligations under the FMLA can be determined by reference to concrete obligations imposed by that statute, the obligations imposed by the ADA frequently require a case-by-case determination of whether the accommodation needed by an employee is reasonable under the circumstances.  The interplay between these statutes frequently causes significant headaches for employers.  This issue was recently taken up by the U.S. District Court for the District of Maryland.  This article examines the case, which has significant lessons for employers attempting to maintain compliance with these statutes.  

NLRB Adopts Final Rule Implementing Some, But Not All, Proposed Regulations

On December 21, the NLRB adopted a final rule implementing certain changes to the procedures governing union elections.  While the NLRB has chosen to forego implementation of some of the more controversial proposed rules that had previously been announced, the changes included in the final rule will nevertheless have significant consequences for employers who may be targeted for organizing.  This article examines the Board’s final rule and its potential impact for employers. 

NLRB Again Delays Effective Date of Notice Posting Requirement

Last August, the National Labor Relations Board issued a regulation requiring that all employers subject to the National Labor Relations Act post a notice advising employees of their right to form unions and engage in other activities protected by the Act.  The effective date of the posting requirement was originally set for November 2011, but was later pushed back to January 31, 2012.  The NLRB has now further delayed the implementation date to April 30. 

Seven Steps to Get Ready for Union Attack

Special from BLR's Advanced Employment Issues Symposium:  In a previous article, attorney Kevin McCormick briefed us on new union tactics and the new NLRB aggressiveness; today, his 7 steps to get ready for union organizers plus an introduction to a unique guide just for small, or even one-person, HR departments.

Aggressive NLRB Has Surprises for HR

Special from BLR's Advanced Employment Issues Symposium:  Unions are desperate, says attorney Kevin McCormick, because their numbers are down and many of the things they once promised workers (like safer workplaces) are now mandated by government agencies. The result? They're getting aggressive in new ways.

NLRB Delays Effective Date of Notice Posting Requirement

In the Fall 2011 issue of the Labor & Employment Newsletter, we reported on a rule adopted by the National Labor Relations Board that will require employers to post a written notice of employee rights under the National Labor Relations Act. The rule was scheduled to take effect November 14, 2011. This Alert is to inform you that the NLRB has now postponed the implementation date of the posting requirement to January 31, 2012.

Maryland Court of Appeals Clarifies Scope of Wrongful Discharge Tort

Maryland courts have long recognized a common law right of action for employees who allege that they were terminated in violation of a public policy.  While the parameters of this cause of action defy easy explanation, the Court of Appeals’ recent decision in Parks v. Alpharma, Inc., sheds some light on just what constitutes the sort of public policy that will support a wrongful discharge claim.  This article takes a closer look at the wrongful discharge tort and the Court of Appeals’ most recent attempt to clarify its reach. 

NLRB Issues Final Rule Requiring Employers to Post Workplace Notice of Employee Rights

On August 30, 2011, the National Labor Relations Board issued a final rule that will require covered employers to post and disseminate a notice to employees summarizing the rights protected by the National Labor Relations Act.  This article addresses the immediate issues raised by the new requirement, as well as the broader concerns it raises for employers going forward. 

New Credit Check Restrictions for Maryland Employers Take Effect October 1st

During its 2011 legislative session, the Maryland Legislature passed the Job Applicant Fairness Act, which was signed into law by Governor O’Malley on April 12.  The law imposes significant restrictions on the ability of employers to perform credit checks on job applicants and employees.  This article examines the details of the new law, and the likely effects for employers.

Attention Employers with DC Employees: Final Regulations for Accrued Sick and Safe Leave Act Issued

In November 2008, the District of Columbia enacted the Accrued Sick and Safe Leave Act of 2008 ("ASSLA" or the "Act"). In doing so, the District became the second of only two jurisdictions in the country to mandate paid sick and "safety" leave. Unfortunately, the new law resulted in more questions than answers. The District recently issued final regulations in an attempt to clarify the ASSLA.

Social Media in the Workplace

This is the second of two articles on the potential legal issues that can arise from the use and misuse of social media in the workplace. Part 1 covered the use of social media in the pre-employment setting. Part 2 covers the use of social media in employment and post-employment situations.

Supreme Court Ruling Against NLRB Results in Remand of Almost 100 NLRB Decisions

On June 17th, the U.S. Supreme Court ruled that the National Labor Relations Board was not authorized to issue decisions in pending cases during a twenty-seven month period in which three of its five seats were vacant. The ruling was a victory for the employer in the case, New Process Steel, which had challenged an adverse ruling by the Board. But more significantly, the ruling of the Supreme Court puts into question almost 600 decisions issued by the two-member Board during a period of more than two years.

When Giving Depositions, Make Sure You Complete The Errata Sheet In A Timely Manner

As many seasoned HR professionals may know, oftentimes when a deposition is taken of a party or witness in litigation, the lawyer may request that the deponent or witness will "read and sign" the deposition.

Technically, this means that the witness is required to review the deposition transcript and make certain corrections on an "errata" sheet within 30 days from receipt of the transcript. Failure to do so will prevent the witness from later attempting to clarify and/or change his or her deposition testimony.

Economic Stimulus Act - Impact on COBRA Health Continuation Coverage

On February 17, 2009, President Obama signed the American Recovery and Reinvestment Act of 2009, referred to in the press as the "Economic Stimulus Act."  One provision in this Act that has received relatively little publicity is a subsidy for former employees and their dependents who elected, or were offered the opportunity to elect, to continue health insurance coverage following termination of employment.

Employee Free Choice Act

On March 10, 2009, Senator Tom Harkin (D-Iowa) and Representative George Miller (D-California) reintroduced the “Employee Free Choice Act of 2007” (EFCA) (S. 1041, H.R. 800), legislation, which, if passed, would dramatically change the way unions can organize workers. The EFCA was initially introduced in 2007, but was derailed by the Senate.

Imposing Pay Cuts on Your Exempt Employees - Be Very Careful or the Cost-cutting Measure Can Cost You Big Time

In today's unsettled economic climate, many employers are considering various ways to reduce payroll expenses. One common approach is to simply cut the salaries for your exempt employees.

Although such a practice can work, if it is not done correctly you may wind up losing the exempt status for your salaried employees, resulting in a significant unpaid overtime liability for all of those workers who may have been subject to the salary reduction.

2004 Winter Employment Law Update

This page features links to articles written by Whiteford, Taylor & Preston attorneys that are in the Winter 2004 issue of the Employment Law Update.

National Labor Relations Act -- Unfair Labor Practices: “Look for Work Elsewhere” Comment Found to Be Unlawful

The National Labor Relations Board (NLRB) recently held that an employer violated federal labor law by telling union supporters to look for jobs elsewhere if they were dissatisfied with their current jobs. The NLRB agreed with the administrative law judge (ALJ) that the statement constituted an unlawful threat to discharge workers based on their protected, concerted activities.

Americans with Disabilities Act: HIV Positive Employee Not Disabled Under ADA

A telephone company customer service representative who was diagnosed as HIV positive while on medical leave for work-related stress is not disabled under the Americans with Disabilities Act, the U.S. Court of Appeals for the Fifth Circuit ruled Blanks v. Southwestern Bell Communications Inc., 13 AD Cases 1253, 5th Cir., 11/4/02).

EEO -- Racial Harassment – Employer May Have Failed to Respond to Graffiti Threat

An African American employee at a printing company in Missouri offered sufficient evidence to submit to a jury the issue of whether his employer knew or should have known about the alleged racially hostile work environment – including a physical threat of death directed specifically at the employee – but failed to take prompt and effective remedial action, the U.S. Court of Appeals for the Eighth Circuit recently ruled (Reedy v. Quebecor Printing Eagle, Inc., 8th Cir., 6/30/03).

Wage and Hour Law - New DOL Proposal to Revise 'White-Collar' Exemptions

For decades, employers have struggled with classifying their employees as “exempt” or “unexempt” from federal overtime compensation requirements under the FLSA, which became law in 1938. The current federal regulations governing the overtime exemption for “white —collar” employees are badly out of date and confusing. The costly effect of mis-classification has been substantial back pay liability and, more recently, class-action lawsuits. On March 31, the U.S. Department of Labor (DOL) published a proposal to modernize its regulations defining overtime exemptions for “white collar” employees in the administrative, executive, and professional employee classifications. The DOL estimates that the regulations will cover 110 million employees in 6.5 million establishments. The 90-day public comment period expired on June 30, 2003, and the DOL hopes to have the final regulations in effect by December 2003.

Supreme Court Permits EEOC to Pursue Relief Even When Employee Agrees to Arbitrate Claims

In a decision issued on January 15, 2002, the United States Supreme Court decided the hotly contested issue of whether an agreement between an employer and an employee to arbitrate employment-related disputes, bars the Equal Employment Opportunity Commission (“EEOC”) from pursuing victim-specific judicial relief, such as back pay, reinstatement, and damages, in an enforcement action alleging that the employer violated the Americans With Disabilities Act (“ADA”).

Americans With Disabilities Act: Employer Need Not Create Permanent Light Duty Position

In holding that an employer need not accommodate an employee, the U.S. Court of Appeals for the Tenth Circuit found that a doctor’s note that stated the operation of heavy equipment “may pose problems” meant that the employee could not perform essential functions of a position. Mathews v. Denver Post, (10th Cir. 263 F.3d 1164 2001). Therefore the employer properly terminated an epileptic employee where the employee’s doctor stated that performing some of the essential functions of the job “may pose problems.”

Employee Fired for Consulting An Attorney Cannot Sue For Wrongful Discharge

In the recent case of Porterfield v. Mascari II, Inc., (Md. Ct. of Special Appeals, January, 2002) a female employee who consulted a lawyer after receiving a written warning for poor performance, and, as a result, was fired, cannot maintain a cause of action for wrongful discharge.

Maryland Wage Payment and Collection Law: Payment of Commission Based on Employee Still Being Employed on Date of Payment Is Struck Down Where Employee Has Met Requirements to Receive Commission

In McCabe v. Medex (Maryland Court of Special Appeals, Sept. 2001) , Timothy McCabe began working for Medex as a sales representative in November 1998. McCabe received an annual salary of $49,000, plus commissions. At Medex, the fiscal year ran from February 1, 1999 through January 31, 2000. Pursuant to Medex’s Employee Handbook, all commissions were “conditional upon meeting targets and the participant being an employee at the time of actual payment . . . .”

Supreme Court Sets Tighter Standards For Employees With Disability Claims

Recently, in Toyota Manufacturing, Kentucky, Inc. v. Ella Williams, the Supreme Court made clear that the Americans with Disabilities Act (“ADA” or “Act”) imposes strict standards for finding “disability” status under the Act. While the case specifically addressed limitations on manual tasks caused by carpal tunnel syndrome and other conditions, the Court made clear that the Act generally should be strictly construed to create a “demanding standard” for an individual to qualify as “disabled” under the Act.

Who is an “Employee” Under the Maryland Wage Payment and Collection Act?

In the case of Baltimore Harbor Charters, Inc. v. Frank Ayd III (Sept., 2001), the Maryland Court of Appeals ruled that the founder and former president of Baltimore Harbor Charters, Inc., can keep the $66,000 he won in his breach of contract suit against the company. and can also try to treble that amount in a new trial under the Maryland Wage Payment and Collection Act.

Updated: Maryland Legislature Passes Bill Prohibiting Sexual Orientation Discrimination

The recently ended session of the Maryland legislature has passed legislation prohibiting discrimination on the basis of sexual orientation in employment, housing, and public accommodations.

The new legislation amends Article 49B, the State’s current anti-discrimination law which protects from discrimination any person claiming to be aggrieved by an alleged discriminatory act based on race, sex, color, national origin, age, religion, marital status, or disability. Sexual orientation is defined as male or female homosexuality, heterosexuality, or bisexuality.

Employee Rights Under the Uniformed Services Employment and Reemployment Rights Act

President Bush’s announcement that as many as 50,000 members of the National Guard and Reserves may be called up in the wake of terrorist attacks on the World Trade Center and the Pentagon is prompting the Labor Department to ramp up efforts to inform employees and employers that jobs and benefits are protected in such situations.

Maryland Employers Now Allowed to Conduct On-Site Drug Testing For Job Applicants

Recently, the Maryland legislature passed a bill authorizing Maryland employers to conduct on-site drug testing of job applicants. The law became effective on October 1, 2001. It does not apply to testing of current employees. Under existing Maryland law, passed in 1989, employer substance abuse testing is limited to state certified labs. The law contains a series of procedural safeguards such as retesting of an original positive result, notification to the employee being tested of his/her rights, chain of custody safeguards, etc.

NLRB Approves Employer's Use of Employee Committees

Setting a precedent for how companies can structure workplace labor-management committees without running afoul of labor laws, the National Labor Relations Board ruled that Crown Cork & Seal Company got it right.  Crown Cork & Seal Co., 334 NLRB No. 92, 7/20/01.

U.S. Supreme Court Holds That RN’s Are Supervisors under the NLRA

Kentucky River Community Care, Inc. (KRCC), an operator of a mental health care facility, refused to comply with an order to bargain with a labor union, arguing that the bargaining unit was not properly certified because it was made up of nurses who were “supervisors.” KRCC contended that the National Labor Relations Board (NLRB) was incorrect in not exempting the nurses from the appropriate bargaining unit. It also argued that KRCC should not have been allocated the burden of proving the supervisory status of the nurses.

Labor & Employment Newsletter - October 2023

Eleventh Circuit Joins Third, Seventh, and Ninth Circuits in Ruling That USERRA Requires Paid Military Leave When Employer Provides Paid Leave For “Comparable” Absences

Change to Maryland’s Cannabis Laws Raises Questions for Employers

An Early Report on How The Supreme Court’s Affirmative Action Admissions Policies Decision Is Impacting The Private Sector

Supreme Court Toughens Standard In Religious Accommodation Cases

The Pregnant Workers Fairness Act: What Employers Should Know

Labor & Employment Newsletter - March 2022

State Tax and Withholding Consequences of Remote Work

Mitigating Risk and Establishing Expectations through Remote Work Agreements

Data Privacy and Security in the Remote Work Era

Insurance Considerations for Employers with Remote/Hybrid Employees

Time To Consider A Remote Work Mini-Handbook?

Associations, Nonprofits and Political Organizations Report - Fall 2021

Update Concerning Meetings and Related Issues in Light of COVID Variants and the Anime Convention

Retirement Plan Update: What Plan Sponsors Are Seeing and What is Coming

ESG Investing – Was Sort of Allowed, Was Disallowed, Now Allowed Again?

Meet the Team: Attorney Spotlight on Eileen Morgan Johnson

Labor & Employment Newsletter June 2021: Legislative Update

American Rescue Plan Act: Voluntary vs. Required Provisions

Standard Lessened for Actionable Claims of Harassment in Montgomery County

Virginia’s Legislative Update Affecting Employers

D.C. Bans Non-Compete Agreements

Labor & Employment Newsletter - October 2020

Time to Vote: The Employer Obligation (MD, DE, D.C., VA, PA)

Let’s Talk Politics - Suppression of Speech in the Workplace

Employer Alert: Two New Laws in Baltimore City

Labor & Employment Newsletter July 2020: VA & MD Legislative Update

Virginia’s Prohibition on Non-Compete Covenants for Low-Wage Employees

The Values Act Adds Teeth to the Virginia Human Rights Act

New Whistleblower Protection in Virginia

New Maryland Employment Laws That Took Effect July 1, 2020

New Virginia Laws on Worker Misclassification: Employee vs. Independent Contractor

Amended Virginia Wage Payment Act

Labor & Employment Newsletter - February 2020

Adopting Anti-Harassment Policies and Conduct Training at the Board of Directors Level

The Leading Role a Director’s Fiduciary Duty Plays in Minimizing D&O Claims

Don’t Fall For the Trap

Board Members with Boundary Issues – A Significant Risk to the Organization

Labor & Employment Newsletter - October 2019

Maryland’s Expanded Sexual Harassment Law

Maryland Employment Law Changes Take Effect October 1, 2019

District of Columbia Universal Paid Leave Act

Virginia Employers Must Produce Personnel Files

Delaware – 2019 New Employment Laws

Labor & Employment Newsletter - June 2019

Intercollegiate Athletics and Collective Bargaining Agreements

Proposed Title IX Rule Changes Provide Clarity for Schools, Support for Survivors and Due Process Rights for All

Ethical Misconduct in Coaching

Is the Playing Field Level?

Labor & Employment Newsletter - April 2019

Accountability in the Virtual Workplace

Setting Expectations and Minimizing Risk Through Remote Working Agreements

Unintended Consequences of Remote Employees

Multi-Jurisdictional Issues in Today's Remote Workforce

Labor & Employment Newsletter - November 2018

’Tis the Season! Celebrating the Holidays in a #MeToo Era

The Impact of #MeToo is Deeper Than You Think?

Sexual Harassment in the #MeToo Era and Minimizing Risk

Labor & Employment Newsletter - March 2015

How Simple is that Simple Retirement Plan, Really?

Social Media & Employment Law

Hat Fight: NLRB Ruling Against Company Hat Policy Rejected by D.C. Circuit

Check Your Policies - They May be Unlawful

Proposed Legislation in Maryland Regarding the Definition of Supervisors

DC Metro Area Labor & Employment Newsletter - September 2014

Applicants' Criminal Histories May Soon Be Off Limits in Initial Interviews in Montgomery County and District of Columbia

The "Unpaid" Intern

The Americans with Disabilities Act: A Brief Overview of What Employers Should Know

Employer Liability for Harassment of Employees by Strangers

Labor & Employment Newsletter - Summer 2013

Affordable Care Act Requirements for Employers: Although Mandate Delayed, Action Still Required

Maryland Legislature Creates New Procedure for Employees Pursuing Wage Claims

Senate Breaks NLRB Logjam

Labor & Employment Newsletter - Spring 2013

D.C. Circuit Nixes NLRB Posting Requirement

Employers Now Required to Use Revised Form I-9 When Verifying Employment Eligibility

End of Maryland Legislative Session Brings New Law Addressing Employers' Obligation to Pregnant Employees

Labor & Employment Newsletter - Spring 2012

Court Order Indefinitely Delays Implementation of NLRB Notice Posting Requirement

Maryland Legislature Passes Bill Prohibiting Employers from Requesting Social Media Passwords

Fourth Circuit Holds That Internal FLSA Compliant Can Support Retaliation Claim

Labor & Employment Newsletter - Winter 2012

Are Your Employees Misclassified?

NLRB Adopts Final Rule Implementing Some, But Not All, Proposed Regulations

NLRB Again Delays Effective Date of Notice Posting Requirement

Court Addresses Interplay Between FMLA and ADA Obligations

Labor & Employment Newsletter - Fall 2011

NLRB Issues Final Rule Requiring Employers to Post Workplace Notice of Employee Rights

New Credit Check Restrictions for Maryland Employers Take Effect October 1st

Maryland Court of Appeals Clarifies Scope of Wrongful Discharge Tort

Labor & Employment Newsletter - September 2010

Social Media in the Workplace: Part 2

Attention Employers with DC Employees: Final Regulations for Accrued Sick and Save Leave Act Issued

IN BRIEF: NLRB Upholds Union's Right To "Banner"

Labor & Employment Newsletter - Summer 2010

Social Media in the Workplace: Part 1

Department of Labor Broadly Interprets "Son or Daughter" For Purposes of FMLA Leave

Supreme Court Ruling Against NLRB Results in Remand of Almost 100 NLRB Decisions

COBRA Health Continuation Coverage Subsidy Extension: Frequently Asked Questions

Employment Law Update - Fall 2009

The EEOC Issues Its Long-Awaited Proposed ADAAA Regulations

When is the Boss Personally Liable for a Company's Failure to Pay Proper Wages?

The District Court Dismisses ADA Claim

Employment Law Update - Summer 2009

EEOC Provides Employer Guidance to Deal With H1N1 Flu Virus and Other Pandemic Concerns

Imposing Pay Cuts on Your Exempt Employees -- Be Very Careful or the Cost-cutting Measure Can Cost You Big Time

Legislative Update

Employment Law Update - Winter 2009

Poorly-drafted Severance Agreements Can Cost You More Than You Expect

Fourth Circuit Closes Out Bank Officer's Account

Think Before You Type

On-Call Policies: How to Use Them Correctly & Reduce Labor Costs

Economic Stimulus Act -- Impact on COBRA Health Continuation Coverage: Frequently Asked Questions

Employment Law Update - Summer 2008

The Supreme Court Expands Employees' Rights: Broadening the scope of relief for older workers and those who allege retaliation

Maryland's Flexible Leave Act: Time to Update Your Employee Handbooks

Is Expansion Of The Americans With Disabilities Act On The Horizon?

Employment Law Update - Spring 2008

Payout Of Accrued But Unused Leave At Termination: The Rules Change -- Yet Again!

Significant Changes in Employment Eligibility Procedures

Attorneys' Fees Awarded Under Maryland's Wage, Payment And Collection Law

Amendments to the Jobs for Veterans Act of 2002

EEOC Reports Sharp Rise in Job Bias Charges

Employment Law Update - Winter 2008

DLLR Changes Policy Regarding Payout of Accrued But Unused Leave

Dramatic Changes In the Enforcement Of State Discrimination Claims

Maryland's new Living Wage Law -- 15 Things You Need to Know

Extended FMLA Benefits for Military Families

Employment Law Update - Fall 2007

Background Checks and Mistaken Identity

DOL Publishes Final Rule on Labor Certifications

Supreme Court Issues Pay Discrimination Decision

Recent Legislative Developments in Maryland

Employment Law Update - Spring 2007

The Revised 2007 EEO-1 Form: New Racial Designations and Job Categories

Supreme Court to Review "Cat's Paw" Case

Restrictive Covenants: Sometimes They're Not Worth the Pater They're Printed On!

What! Me Worry?? I Have Insurance to Cover that Claim!!

Labor & Employment - Employment Law Update - Fall 2006

Clean-Up on Aisle Four!

Gathering Storm: How Recent Changes at SEIU Will Affect the Local Health Care Industry

DOL Offers Guidance on Personnel Policies Affecting Exempt Employees

Military Service: DOL Issues New USERRA Regulations

Americans With Disabilities Act (ADA): Auto Parts Handler's Tendonitis is not a Disability Under the ADA

Wage and Hours Law: DOL Issues Snow Day Guidance

Summaries of Recent Maryland Employment Cases

Labor and Employment - Employment Law Update - Spring 2006

Americans with Disabilities Act (ADA) Blind Employees and Vision Impairments Obtaining Medical Information Confidentiality Rules

Fair Labor Standards Act (FLSA) DOL Offers Guidance on Defining "Volunteers"

Fair Labor Standards Act (FLSA) Worker Walking Relating to Donning, Doffing Safety Gear Is Compensable, Justice Rules

EEO - Age Discrimination

Employment Law Update - Fall 2005

Supreme Court Broadens Age Discrimination Claims

Supreme Court Exempts IRAs From Bankruptcy

National Labor Relations Act - RNs Not Supervisors - Marking NLRB Sample Ballot With an "X" In The "Yes" Box

EEO - Confederate Flag Stickers in the Workplace - National ORigin and Religious Discrimination Claims Fail

USERRA - Reemployment Rights of National Guard / Reserve Members - FMLA Leave

AFL - CIO Membership Levels Dropped Before Defections of Five Unions

Employment Law Update - Winter 2004

National Labor Relations Act - Unfair Labor Practices - "Look for Work Elsewhere" Comment Found to Be Unlawful

Webinar: Are Non-Competes Still Legal?

This webinar discusses what certain states and federal agencies are doing to attempt to limit or prohibit the use of non-competes and practical considerations for employers in light of these recent developments. 

Webinar: Changes in I-9 Employment Verification

This webinar discusses the new Form I-9 and walks participants through the form and proper verification process. It also address new proposed regulations on remote verification procedures, who is eligible and who is not, and the implication of those changes for employers going forward.  

Webinar: COVID-19 Vaccine: Employer Considerations

With two coronavirus vaccines having been approved for emergency use, many employers are considering if compulsory vaccination is the best path. This webinar will review the recent EEOC guidance in regard to these vaccines and consider the implications of merely encouraging or mandating employees to get vaccinated.

Webinar: 5 Questions Employers Should Ask Every Year

On January 23, David Stevens and Katelyn Brady presented a webinar addressing the five HR issues that are frequent stumbling blocks for employers seeking to maintain compliance and avoid costly litigation.

Applicants' Criminal Histories May Soon Be Off Limits in Initial Interviews in Montgomery County and District of Columbia

The District of Columbia has enacted a law that will prohibit employers with 10 or more full-time employees from inquiring about a job applicant’s criminal history during the initial application process.  There is similar legislation pending in Montgomery County, Maryland, and a public hearing on the proposed law is scheduled for September 9.

A Record 87 Whiteford Attorneys Listed in Best Lawyers in America 2024, Ten Selected as “Ones to Watch”

87 lawyers from Whiteford, Taylor & Preston have been selected by their peers for inclusion in The Best Lawyers in America® 2024 (copyright 2023 by Woodward/White, Inc., of Aiken S.C.). New practice areas of recognition include CleanTech Law and Entertainment and Sports Law. The lawyers selected are based in the firm’s Delaware, Maryland, Pennsylvania, Virginia and Washington offices. Client comments are posted on the Best Lawyers website, at bestlawfirms.com.

73 Whiteford Attorneys Listed in Best Lawyers in America 2023, Six Selected as “Lawyer of the Year”

73 lawyers from Whiteford, Taylor & Preston have been selected by their peers for inclusion in The Best Lawyers in America® 2023 (copyright 2022 by Woodward/White, Inc., of Aiken S.C.). The lawyers selected are based in the firm’s Delaware, Maryland, Pennsylvania, Virginia and Washington, D.C. offices. Client comments are posted on the U.S. News & Best Lawyers web site, at bestlawfirms.com.

Chambers Honors Whiteford in 14 Practice Areas

Whiteford, Taylor & Preston is pleased to announce that Chambers and Partners has once again ranked the firm highly in its 2022 list of leading firms and business lawyers. This year’s recognition includes 29 attorneys in 14 practice areas at the National and State level.

U.S. News Awards Top-Tier Rankings to Record 45 Whiteford Practices, Including 21 Nationally

Whiteford, Taylor and Preston is pleased to announce that U.S. News and World Report - Best Lawyers ® “Best Law Firms” has awarded the firm exemplary rankings for 2022.  Twenty-one of the firm’s practices are ranked at the national level, and the firm’s bankruptcy and Construction Litigation practices have been recognized with national Tier 1 rankings. At the state level, new recognitions include Admiralty & Maritime Law, Nonprofit/Charities Law, Patent Law and Privacy and Data Security Law.

75 Whiteford Attorneys Listed in Best Lawyers in America 2022, Eight Named “Ones to Watch”

A record 75 lawyers from Whiteford, Taylor & Preston have been selected by their peers for inclusion in The Best Lawyers in America® 2022 (copyright 2021 by Woodward/White, Inc., of Aiken S.C.). The lawyers selected are based in the firm’s Delaware, Maryland, Pennsylvania, Virginia and Washington offices. Client comments are posted on the U.S. News & Best Lawyers web site, at bestlawfirms.com.

Chambers Honors Whiteford in 11 Practice Areas

Whiteford, Taylor & Preston is pleased to announce that Chambers and Partners has once again ranked the firm highly in its 2021 list of leading firms and business lawyers. This year’s recognition includes 25 attorneys in 11 practice areas in 3 states and the District of Columbia.

U.S. News Awards Top-Tier Rankings to 44 Whiteford Practices, Including a Record 22 Nationally and 10 Newly Ranked in Richmond

Whiteford, Taylor and Preston is pleased to announce that U.S. News and World Report - Best Lawyers® “Best Law Firms” has awarded the firm exemplary rankings for 2021. Twenty-two of the firm’s practices are ranked at the national level, and the firm’s Bankruptcy and Environmental Law practices have been recognized with national Tier 1 rankings.

71 Whiteford Attorneys Listed in Best Lawyers in America 2021, Six Named “Lawyer of the Year”

A record 71 lawyers from Whiteford, Taylor & Preston have been selected by their peers for inclusion in The Best Lawyers in America® 2021 (copyright 2020 by Woodward/White, Inc., of Aiken S.C.). The lawyers selected are based in the firm’s Delaware, Maryland, Pennsylvania, Virginia and Washington offices. Client comments are posted on the U.S. News & Best Lawyers web site, at bestlawfirms.com.

Chambers Honors Whiteford in 10 Practice Areas

Whiteford, Taylor & Preston is pleased to announce that Chambers and Partners has once again ranked the firm highly in its 2020 list of leading firms and business lawyers. This year’s recognition includes 23 attorneys in 10 practice areas in 3 states and the District of Columbia.

U.S. News Awards Top-Tier Rankings to 42 Whiteford Practices, Including a Record 20 Nationally and 10 Newly Ranked in Richmond

Whiteford, Taylor and Preston is pleased to announce that U.S. News and World Report - Best Lawyers ® “Best Law Firms” has awarded the firm exemplary rankings for 2020.  Twenty of the firm’s practices are ranked at the national level, including two bankruptcy practices with national Tier 1 rankings.  At the state level, an additional forty-two practices have been ranked in Maryland, Washington, D.C., and VA.
 

U.S. News Awards Top-Tier Rankings to 46 Whiteford Practices, Including 18 Nationally

Whiteford, Taylor & Preston is pleased to announce that U.S. News and World Report - Best Lawyers ® “Best Law Firms” has awarded the firm exemplary rankings for 2019.  Eighteen of the firm’s practices are ranked at the national level, including two practices with national Tier 1 rankings:  Litigation and Bankruptcy.  At the state level, an additional forty-six practices have been ranked in Maryland, Washington, D.C., and VA.

Whiteford, Taylor & Preston and 29 Lawyers Honored by Chambers and Partners

Whiteford, Taylor & Preston is pleased to announce that Chambers and Partners has once again ranked the firm highly in its 2017 list of leading firms and business lawyers. This year’s recognition includes a record 29 attorneys in 4 states, the District of Columbia and Afghanistan. 

DOL Final Regulations Affecting Exempt Employees Go Into Effect On December 1st

As a reminder to all clients, the DOL Final Regulations which substantially modified the salary basis test for exempt employees under federal Wage and Hour laws, will go into effect on December 1. As discussed in our client alert when the regulations were issued, these regulations will more than double the current required salary for certain exempt employees. Employers who have not reviewed their current staffing to determine how these regulations will affect them, should do so now.

2008 Employment Law Update Seminar

Please attend WTP's 22nd Annual 2008 Employment Law Update Seminar

Friday, October 3rd

The Tremont Grand

225 N. Charles Street, Baltimore MD

8:30 am - 3:15 pm

Please join us for this educational and informative all-day seminar dedicated exclusively to employment related issues and concerns for our clients and friends of the firm. Our workshop format allows you to learn from WTP attorneys and your peers.

Workshop Schedule

2007 Employment Law Update Seminar

Please attend WTP's 21st Annual 2007 Employment Law Update Seminar

Wednesday, October 10th

Tremont Grand Hotel

225 N. Charles Street, Baltimore MD

8:30 am - 3:15 pm

You are cordially invited to an all-day seminar dedicated exclusively to employment-related issues and concerns for our clients and friends of the firm. The workshop format allows you to learn from WTP attorneys and your peers. We hope that you will be able to join us for this educational and informative day.

Guest Speaker: J. Ronald DeJuliis, Maryland Commissioner of Labor & Industry

36 Whiteford, Taylor & Preston Attorneys Named Maryland Super Lawyers

Whiteford, Taylor & Preston LLP (WTP) is pleased to announce that 36 WTP attorneys have been named in Maryland Super Lawyers publication. Maryland Super Lawyers will appear in a special advertising section in the January 2007 issue of Baltimore Magazine and in the Maryland Super Lawyers magazine.

2006 Employment Law Update Seminar - May 9th

2006 Employment Law Update Seminar

Tuesday, May 9th

Baltimore Convention Center

8:30 a.m. - 3:15 p.m.

This will be our 20th year of an all-day seminar dedicated exclusively to employment-related issues and concerns for our clients and friends of the firm.  We hope that you will be able to join us for this educational and informative day

The workshop format allows you to learn from WTP attorneys and your peers.

CONFERENCE PROGRAM

Two Whiteford, Taylor & Preston Partners Named As Leading Labor Lawyers

January 4, 2006 - Baltimore, MD - Whiteford, Taylor & Preston (WTP) is pleased to announce that James P. Gillece and Jeanne M. Phelan have been named as leading practitioners in the field of Labor and Employment Law by Who's Who Legal.

Their names appear in Who's Who Legal: USA - Management Labour & Employment, a new publication produced by the highly respected British survey group that has produced the International Who's Who of Business Lawyers for many years.