Kevin C. McCormick
His practice areas include EEO/Discrimination claim representation, employment claim prevention strategies, employment torts, executive compensation, government sector employment, Human Resource management advice, labor relations, non-compete agreements, occupational safety, wage and hour issues, workers' comp, and more.
Prior to joining the firm, Mr. McCormick served as trial attorney with the U.S. Department of Labor. He successfully represented public and private employers against discrimination and employment-related claims before federal, state and local FEP agencies, and at trial (both jury and nonjury) in state and federal courts and respective courts of appeal throughout Mid-Atlantic region.
- Listed in Chambers USA, 2012-2018
- Listed in Maryland Super Lawyers, 2006-present
Memberships & Activities
- Member: Employers Counsel Network, 2003 - present
- Board Member and President: Meals on Wheels of Central Maryland (1998 - 2012)
- Chairman: Board Nominating Committee (2000 - 2012)
- Member: Personnel Committee (1997 - 2012)
Editor: Maryland Employment Law Letter, Published by BLR (2002-Present)
Presenter: 2020 FMLA Master Class: Maryland - Advanced Skills for Employee Leave Management, Sponsored by BLR (March 10, 2020)
Presenter: NLRB Update on Joint Employment Standards, National Webinar Sponsored by BLR (May 2, 2018)
Presenter: Maryland’s Healthy Working Families Act, National Webinar Sponsored by BLR (April 5, 2018)
Presenter: Ideological Shift in Labor & Employment Oversight under Trump Administration, AEIS Program, Las Vegas, NV (November 16, 2017)
Presenter: A Day Without Walkouts: How to Maintain Productivity and Avoid NLRA or Discrimination Claims when Employees Walk Off the Job, National Webinar Sponsored by BLR (March 1 & April 21, 2017)
Contributing Editor: 50 Employment Laws in 50 States (2007-2017)
Speaker: Advanced Employment Issues Symposium (2003 - 2017)
Author: "NLRB offers guidance on electronic signatures in representation cases," Maryland Employment Law Letter (November 2015) and "Technology for HR Blog" (February 3, 2016)
Author: "4th Circuit Adopts New Standard for Joint-Employer Liability," Maryland Employment Law Letter (August 2015) and HR.BLR.com (September 24, 2015)
Author: "D.C. Circuit Upholds Ban on Objectionable Garb in the Workplace," Maryland Employment Law Letter (August 2015) and HR.BLR.com (September 18, 2015)
Author: "Sick, Safe Leave Law to Take Effect in Montgomery County, Maryland," Human Resources News (September 16, 2015)
Author: "Maryland Intern Protection Law Takes Effect October 1," Human Resources News (September 15, 2015)
Quoted: "NLRB Dismisses Petition to Unionize Northwestern Football Players," Human Resources News (August 17, 2015)
Author: "FLSA: When are Waiting Time and Travel Time Considered Work Time?," Maryland Employment Law Letter (April 2015) and HR.BLR.com (May 27, 2015)
Quoted: "Worried About 'Quickie Election' Rule? Attorneys urge supervisor training," HR Hero Line (April 29, 2015)
Author: "4th Circuit Drop-Kicks Criminal Background Case," Maryland Employment Law Letter (March 2015) and HR.BLR.com (April 27, 2015)
Author: "4th Circuit's Decision Underscores Importance of Posting Employment Notice," Maryland Employment Law Letter (January 2015) and HR.BLR.com (February 23, 2015)
Author: "Employment Contracts in Maryland: Court Limits Damages to Notice Provision," Maryland Employment Law Letter (January 2015) and HR.BLR.com (February 20, 2015)
Author: "Employee's Race Discrimination Lawsuit Jeopardized by Past Bankruptcy Claim," Maryland Employment Law Letter (December 2014) and HR.BLR.com (February 11, 2015)
Author: "EEOC Issues Updated Enforcement Guidance on Pregnancy Discrimination," Maryland Employment Law Letter (August 2014) and Diversity Insight (August 17, 2014)
Author: "No Paydirt Yet: Northwestern Players Have Ground to Cover Before Unionization," HR Hero Line (March 28, 2014)
Contributing Editor: HR Guide to Employment Law (2009)
Speaker: Maryland Healthcare Human Resources Association
Speaker: Chesapeake Human Resources Association
Author: "Labor and Organizing," HR Guide to Employment Law: A Practical Compliance Reference
Authored numerous articles for professional publications regarding various labor and employment matters and has made presentations at various professional and management seminars in Baltimore and Washington, D.C.
Proposed Title IX Rule Changes Provide Clarity for Schools, Support for Survivors and Due Process Rights for All
As most Maryland employers are aware, on January 12, 2018, the Maryland legislature overrode Governor Hogan’s veto of the Maryland Healthy Working Families Act. That legislation was passed by the Maryland Legislature at the end of its 2017 term. For a number of reasons, Governor Larry Hogan vetoed that legislation in May, 2017. Although the supporters of this new legislation had sufficient votes to override the Governor’s veto last year, they took no action until the start of the 2018 legislative session, which also happens to be the start of election year for Maryland’s next Governor.
The announcement of President Donald Trump’s nominee for the vacant seat on the National Labor Relations Board (NLRB) is another sign that some controversial prolabor decisions of the Obama-era Board will be revised.
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.
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.
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.
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.
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.
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.
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.
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.
In previous posts, we’ve discussed how the National Labor Relations Board’s (NLRB) most frequent complaint about how employers handle employees’ use of social media is that it interferes with protected concerted activity -- Section 7 rights under the National Labor Relations Act (NLRA).
The National Labor Relations Board (NLRB) is continuing efforts to broaden its impact on the workforce with the launch of a webpage aimed at communicating to workers how they can use the law in disputes with their employers.
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.
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.
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.
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.
On August 27, 2010, the National Labor Relations Board (NLRB) ruled that a union practice of displaying large stationary banners at a secondary employer's business is not coercive and therefore does not violate the National Labor Relations Act (NLRA).
Although it may not come as a surprise to many HR professionals, in Maryland, an employee may, under certain circumstances, receive unemployment benefits while still employed.
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.
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.
Last Fall, the Maryland Department of Labor, Licensing and Regulation (DLLR) changed its long-standing policy with regard to the payout of accrued but unused leave when an employee is terminated.
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.
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”).
HRhero Live Webinar: “Important NLRB Updates on Joint Employment Standard and More: What the Latest Rulings and Memos Mean for PEOs, Franchises, and Unionized/Non-Unionized Workplaces" - WTP Speaking
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.
Forty-one Whiteford Attorneys Named Super Lawyers and Rising Stars in Maryland and Kentucky for 2017
Whiteford, Taylor & Preston is pleased to announce that 41 of its attorneys are listed among the 2017 Super Lawyers and Rising Stars in Maryland and Kentucky joining the sixteen who were listed earlier this year in Delaware, D.C., Pennsylvania and Virginia.
Whiteford, Taylor & Preston and 21 Lawyers Named as Leaders in the Legal Profession by Chambers and Partners
Whiteford, Taylor & Preston is pleased to announce that, in addition to ranking the firm highly in its 2016 list of Maryland’s leading firms and business lawyers, Chambers and Partners have added new Whiteford lawyers in Maryland and Delaware.
The practice group rankings are based on the high rankings of 21 individual lawyers.
Whiteford, Taylor & Preston is pleased to announce that 43 of its attorneys are listed among the 2015 Super Lawyers and Rising Stars in Maryland.
Whiteford, Taylor & Preston is pleased to announce that the 2015 edition of Chambers USA recognizes 17 of its lawyers as leaders in their fields and, in addition, has ranked six of Whiteford’s practice areas.
Fifty-One Whiteford Attorneys Named Super Lawyers and Rising Stars in Maryland; Two in Maryland Listed in "Top 100"
Whiteford, Taylor & Preston and 12 Partners Named as Leaders in the Legal Profession by Chambers and Partners
Whiteford, Taylor & Preston is pleased to announce that Chambers and Partners has again ranked the firm highly in its 2014/2015 list of America’s leading firms and business lawyers.
In addition, twelve of the firm’s partners received individual recognition, as seen below.
Whiteford, Taylor & Preston is pleased to announce that 54 of its Maryland-based attorneys are listed among the 2014 Super Lawyers and Rising Stars.
The firm is particularly proud of the young lawyers who are recognized as “Rising Stars” and the three partners who received special recognition -- Edward Buxbaum and Dwight Stone in the Top 100, and Mary Claire Chesshire in the Top 50 Women.
Whiteford, Taylor & Preston and 13 Partners Named as Leaders in the Legal Profession by Chambers and Partners
Whiteford, Taylor & Preston is pleased to announce that Chambers and Partners has again ranked the firm highly in its 2013/2014 list of America’s leading firms and business lawyers.
In addition, thirteen of the firm’s partners received individual recognition, including Kevin Hroblak, who was rated this year as "Up and Coming" in both General Commercial and Bankruptcy Litigation. Mr. Hroblak is co-chair of the firm’s Litigation Department and a leading member of the Business Reorganization and Bankruptcy Litigation practice.
Whiteford, Taylor & Preston is pleased to announce that 64 of its attorneys are listed among the 2013 Super Lawyers and Rising Stars in three states.
The firm is particularly proud of the young lawyers who are recognized as “Rising Stars”; the four partners who are listed in the Top 100 in Maryland – Edward Buxbaum, Edwin Fee, William Ryan, and Dwight Stone; and the 16 who are named for the first time this year.
Whiteford, Taylor & Preston and 14 Partners Named as Leaders in the Legal Profession by Chambers and Partners
Whiteford, Taylor & Preston is pleased to announce that Chambers and Partners has again ranked the firm highly in its 2012/2013 list of America’s leading firms and business lawyers.
In addition, fourteen of the firm’s partners received individual recognition, including Kevin Hroblak, who was rated this year for the first time in the Litigation category. Mr. Hroblak is co-chair of the firm’s Litigation Department and a leading member of the Business Reorganization and Bankruptcy Litigation practice.
Forty-Six Whiteford, Taylor & Preston Attorneys Named Super Lawyers and Rising Stars in Maryland; Five in Maryland Listed in “Top 100”
The firm is particularly proud of the five who are listed in the Top 100 in Maryland – Edward Buxbaum, Edwin Fee, Paul Nussbaum, William Ryan, and Dwight Stone. Selection of the Top 100 lawyers in a jurisdiction is strictly based on the highest scores in the Super Lawyer judging process, and Whiteford is one of the two firms with the most names on the list.
Whiteford, Taylor & Preston and 13 Partners Named as Leaders in the Legal Profession by Chambers and Partners
Whiteford, Taylor & Preston is delighted to announce that Chambers and Partners has highly ranked the firm and 13 of its attorneys in its 2011 list of America’s leading firms and business lawyers.
Newly rated this year was Joseph Mezzanotte, co-chair of the firm’s Real Estate practice.
As in the past, the firm was recognized in Maryland in six separate categories of practices. As before, the firm’s Bankruptcy Litigation practice is the only one in Maryland ranked in Band One, the highest rating.
Forty-Seven Whiteford, Taylor & Preston Attorneys Named Super Lawyers and Rising Stars; More Named in "Top 50" Than Any Other Maryland Law Firm
Whiteford, Taylor & Preston is pleased to announce that 47 of its attorneys are listed among the 2011 Maryland and Virginia Super Lawyers and Rising Stars.
Whiteford, Taylor & Preston is pleased to announce that 39 of its attorneys are listed among the 2010 Maryland Super Lawyers and Rising Stars. They join three attorneys previously named as Super Lawyers or Rising Stars in Virginia.
Whiteford, Taylor & Preston is pleased to announce that 39 of its attorneys are listed among the 2009 Maryland Super Lawyers.
Kevin C. McCormick, a partner and co-chair of Whiteford, Taylor & Preston's Labor and Employment section, will have an important role in the 13th annual Advanced Employment Issues Symposium (AEIS) which will take place in Las Vegas (September 25-26) and be repeated in Nashville (October 16-17).
32 Whiteford, Taylor & Preston Attorneys Named Maryland Super Lawyers: Paul M. Nussbaum Named Among Top 10 Maryland Super Lawyers
Whiteford, Taylor & Preston LLP (WTP) is delighted to announce that 32 WTP attorneys have been selected among the 2008 Maryland Super Lawyers.
Whiteford, Taylor & Preston LLP is delighted to announce that Kevin C. McCormick was appointed President of the Board of Directors for Meals on Wheels of Central Maryland. Elected at the Board's June 27 annual meeting, McCormick - a board member since 1999 - follows in the footsteps of immediate past president, Martin L. Wake.