Kevin C. McCormick

Kevin C. McCormick

PARTNER
kmccormick@wtplaw.com
BALTIMORE
T: 410.347.8779
F: 410.223.4379



Mr. McCormick provides advice and counsel to public and private employers on all phases of the employment relationship to ensure compliance with applicable laws, avoid costly litigation, and, when necessary, successfully defend against individual and governmental challenges to policies and procedures.

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.
 

Recognitions

  • Listed in Chambers USA, 2012-present
  • 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)
  • Chambers and Partners Designation
  • Employers Counsel Network
PRESENTATIONS & PUBLICATIONS

Editor: Maryland Employment Law Letter, Published by BLR (2002-Present) 

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.

ARTICLES

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

In November 2018, the U.S. Department of Education (“DOE”) released its proposal for improving a school’s response to sexual harassment and assaults.  The proposed regulation addressing Title IX, the Federal Civil Rights Law that prohibits discrimination on the basis of sex in education programs or activities that receive federal funding, was in the works for more than a year with input from students, advocates, school administrators and other stakeholders, with strong support from Betsy DeVos, the Secretary of Education.

DOL Raises Salary Level for Exempt Employees

Last week, on March 7, 2019, the U.S. Department of Labor “DOL” announced a notice of proposed rule-making that would increase the salary threshold for employees eligible to collect time and one-half pay for hours worked over forty (40) in a workweek.  Under the terms of the proposed rule-making, exempt employees would now have to earn at least $679 per week or $35,308 per year to be considered exempt under the so-called White Collar Exemption in Section 13(a)(1) of the Fair Labor Standards Act (the “Act”). 


Update on the "Fight for Fifteen"

The Maryland Legislature is planning on making several significant changes in existing labor and employment policies that Maryland employers should be aware of.  One of these is H.B. 166/SB 280, the so-called “Fight for Fifteen.” 

Maryland Healthy Working Families Act - What Maryland Employers Need to Know Now!

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.


Latest nomination expected to boost NLRB’s new agenda

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.


Kaplan nomination called way to ‘stop the bleeding’ at NLRB

President Donald Trump’s announcement that he will nominate Marvin Kaplan, currently chief counsel of the Occupational Safety and Health Review Commission, to one of two vacant seats on the National Labor Relations Board (NLRB) is being hailed by probusiness interests as a way to bring balance to the Board.

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.


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.

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.


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. 


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.


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. 


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.


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.  


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.


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

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).


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.


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.


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”).


NEWS

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. 


Fifty-Four Whiteford Attorneys Named Super Lawyers and Rising Stars in Maryland

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.


Sixty-Four Whiteford Attorneys Named Super Lawyers and Rising Stars in Maryland, Delaware, Virginia

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”

Whiteford, Taylor & Preston is pleased to announce that 46 of its attorneys are listed among the 2012 Maryland Super Lawyers and Rising Stars.

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. 


Kevin McCormick Elected President of the Board of Meals on Wheels

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.