Peter D. Guattery

Peter D. Guattery

PARTNER
pguattery@wtplaw.com
BALTIMORE
T: 410.347.9431
F: 410.223.4331



Mr. Guattery represents public and private employers, both for profit and nonprofit, in all aspects of their employment relationship. He has successfully represented employers against discrimination and other employment-related claims before federal, state and local FEP agencies, and in state and federal courts and respective courts of appeal throughout the mid-Atlantic region. In addition, he has extensive experience in representing U.S. and foreign corporations and individuals in immigration related matters, including ICE audits and enforcement proceedings, NAFTA, international inter-company transferees, treating trader/investors, national interest waivers, immigration compliance and other aspects relating to the employment of foreign nationals.

Recognitions

  • AV Peer Review Rated: Martindale-Hubbell
  • Recognized in America's Leading Lawyers, published by Chambers and Partners: 2005 - present
  • Listed in Best Lawyers in America: 2012 - present
  • Listed in Maryland Super Lawyers: 2008 - present
 

Memberships & Activities

  • Member: Maryland State Bar Association, Labor Section Council Member (1995 to present)
  • Member: American Bar Association, Labor Law Section
  • Chair: Labor & Employment Law Section, Maryland State Bar Association
  • Member: American Immigration Lawyers Association
  • Best Lawyers Designation
  • Chambers and Partners Designation

Labor & Employment

  • Obtained Summary Judgment for employer in case of first impression under the Motor Carrier Act exemption to the FLSA, Gonzalez v. NETTTS, 932 F.Supp. 697 (D.Md 1996)
  • 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 the mid-Atlantic region
  • Extensive experience in counseling and assisting clients in the hiring of foreign nationals and developing strategies for meeting business goals
  • Advice and counsel on compliance with applicable laws, avoiding costly litigation, and, when necessary, defending against individual and/or governmental challenges to employment policies and procedures
 

International

  • Extensive experience in representing U.S. and foreign corporations and individuals in immigration related matters, including NAFTA, international inter-company transferees, treating trader/investors, national interest waivers, immigration compliance and other aspects relating to the hiring of foreign nationals
  • Chair, Pangea.Net, an international network of law firms

PRESENTATIONS & PUBLICATIONS

Publications:  If It Feels Like Harassment, It Probably Is, Legal Times, Vol. XIV, No. 21, October 14, 1991;  Sexual Harassment: Hostile Environment Claims, Maryland Bar Journal, Vol. 25, No. 4, July/August, 1992;  Enforcing Diversity:  Handling Harassment Claims, The Business Monthly, September, 1998;  New Technologies, New Liabilities - Employment Law in the Information Age, Maryland Bar Journal, Vol. 33, No. 3, May/June 2000; Limits and License in Rule 35 Examinations, Maryland Bar Journal, Vol. 35, No. 1, Jan./Feb. 2002; Turn and Face the Strain - New PERM Regulations, Maryland Bar Journal, Vol. 38, No. 6, Nov./ Dec. 2005

ARTICLES

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.


Foreign Workers in the Trump Era - Immigration Compliance and Managing Your Workforce

On the campaign trail, now President Trump spoke of getting tough on immigration violators – both those unlawfully present in the U.S. and the employers who facilitate their presence here by hiring undocumented workers. Many articles followed as to precisely what this get tough attitude would mean with respect to worksite enforcement, including I-9 compliance, as well as to those employers who currently employ work authorized aliens in lawful status.

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.  


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.

Worksite Enforcement Comes of Age

The Immigration Reform and Control Act of 1986, or “IRCA,” which made it unlawful for employers to hire or continue to employ persons not authorized for employment in the United States is approaching its thirtieth anniversary.  The law imposed a requirement on virtually all private employers to verify  that each newly hired employee is authorized to accept employment in the United States, and mandates completion of a Form I-9, together with a review of certain specified documentation verifying both identity and work authorization, within the first three days of the employee’s date of hire.  Employers who fail to complete the forms, complete them halfway, or make mistakes in entering the required information potentially face civil penalties ranging from $250 to $1100 per violation. 


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. 


Interns In The Nonprofit World

What’s the difference between a volunteer who delivers Meals on Wheels and wouldn’t dream of getting paid, as opposed to an intern who might in fact be deemed an employee and have to be paid? It’s not easy to tell.


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.


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.


EVENTS

Webinar: Practical Steps for Compliance with Maryland’s New Sick Leave Law

This webinar, sponsored by Whiteford, Taylor & Preston and LeadingAge Maryland, will outline practical steps which assist employers in bringing existing leave policies in compliance with the new “Maryland Healthy Working Families Act.” Topics will include: core provisions; accrual and carry over of leave; permissible uses of leave; recordkeeping obligations; and enforcement procedures.


NEWS

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.

57 WTP Attorneys Listed in Best Lawyers in America 2019, Four Named "Lawyer of the Year"

57 lawyers from Whiteford, Taylor & Preston have been selected by their peers for inclusion in The Best Lawyers in America® 2019 (copyright 2018 by Woodward/White, Inc., of Aiken S.C.). The lawyers selected are based in the firm’s Delaware, Maryland, Virginia and Washington offices. Client comments are posted on the U.S. News & Best Lawyers web site.

Practical Steps for Compliance with Maryland’s New Sick Leave Law (A Webinar)

On May 30, Peter Guattery presented a webinar that outlined practical steps to assist employers in bringing existing leave policies in compliance with the new “Maryland Healthy Working Families Act.” Topics included: core provisions; accrual and carry over of leave; permissible uses of leave; recordkeeping obligations; and enforcement procedures.

 


59 WTP Attorneys Listed in Best Lawyers in America 2018, Two Named "Lawyer of the Year"

59 lawyers from Whiteford, Taylor & Preston have been selected by their peers for inclusion in The Best Lawyers in America® 2018 (copyright 2017 by Woodward/White, Inc., of Aiken S.C.). The lawyers selected are based in the firm’s Maryland, Washington and Virginia offices. Client comments are posted on the U.S. News & Best Lawyers web site, at bestlawfirms.usnews.com.

In addition, two lawyers were selected as “Lawyer of the Year” for their particular areas of practice.


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. 


59 Whiteford, Taylor & Preston Attorneys Listed in Best Lawyers in America, 2017, Eight Named as "Lawyers of the Year"

Fifty-nine lawyers from Whiteford, Taylor & Preston have been selected by their peers for inclusion in The Best Lawyers in America® 2017 (copyright 2016 by Woodward/White, Inc., of Aiken S.C.). The lawyers selected are based in the firm’s Maryland, Washington and Virginia offices.

In addition, eight lawyers were selected as “Lawyers of the Year” for their particular areas of practice. 


63 Whiteford, Taylor & Preston Attorneys Listed in Best Lawyers in America, Four Named as "Lawyers of the Year"

Sixty-three lawyers from Whiteford, Taylor & Preston have been selected by their peers for inclusion in The Best Lawyers in America® 2015 (copyright 2014 by Woodward/White, Inc., of Aiken S.C.). The lawyers selected are based in the firm’s Maryland, Washington and Virginia offices.

In addition, four lawyers were selected as “Lawyers of the Year” in the Baltimore region for their particular areas of practice.


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.


61 Whiteford, Taylor & Preston Attorneys Listed in Best Lawyers in America; Nine Named as "Lawyers of the Year"

Sixty-one lawyers from Whiteford, Taylor & Preston have been selected by their peers for inclusion in The Best Lawyers in America® 2014 (copyright 2013 by Woodward/White, Inc., of Aiken S.C.). The lawyers selected are based in the firm’s Maryland, Washington and Virginia offices, including the firm's new Roanoke office.

In addition, nine lawyers were selected as “Lawyers of the Year” in their jurisdictions and areas of practice.


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.


60 Whiteford, Taylor & Preston Attorneys Listed in Best Lawyers in America Five Named as "Lawyers of the Year"

Sixty lawyers from Whiteford, Taylor & Preston have been selected by their peers for inclusion in The Best Lawyers in America® 2013 (copyright 2012 by Woodward/White, Inc., of Aiken S.C.).

This represents an increase of seven over last year.  The lawyers selected are based in the firm’s Maryland, Washington and Virginia offices.

In addition, five lawyers were selected as “Lawyers of the Year” in their jurisdictions and areas of practice.


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. 


Peter D. Guattery, Immigration and Employment Attorney, to Chair MSBA's Labor and Employment Section Council Section

Whiteford, Taylor & Preston is delighted to announce that Peter D. Guattery was recently appointed chair of the Maryland State Bar Association's (MSBA) Labor and Employment Section Council for a two-year term. Guattery, a member of the council since 1995, was made Chair-elect in 2006. As chair, he will lead the council in planning educational seminars and activities in conjunction with the Maryland Institute for Continuing Professional Education of Lawyers (MICPEL).