Employment Law

The Long Arms of the Maryland Wage Payment and Collection Law

Posted on February 21, 2020
The Maryland Wage Payment and Collection Law is worker protection statute.  It requires the payment of earned wages.  If an employer does not pay, the employee can collect triple damages if he or she can prove the wages are withheld in bad faith...

Two Maryland Non-Compete Clauses And A Magic Blue Pencil.

Posted on September 12, 2019
Aerotek filed suit in Maryland against a former employee alleging she violated a non-compete agreement.  Aerotek v. Obercian, 377 F. Supp. 3d 539 (D. Md. 2019).  The employee had significant customer contact while working for Aerotek.  The agreement contains two non-compete clauses that generally prohibit this employee, for 1 year post-termination, from:  (1) performing business similar to that which she performed at Aerotek and (2) working for any business that is engaging in a business similar to Aerotek's...

New Maryland Law Broadens Protections Against Workplace Harrassment

Posted on June 13, 2019
A new law, that takes effect October 1, 2019, expands the protections Marylanders have against workplace harassment.  The new law:Allows independent contractors to claim workplace harassment.Extends the time for individuals to file administrative claims for workplace harassment to two years (up from 180 days)...

Law Limiting Non-Compete Agreements in Maryland to Take Effect October 1, 2019

Posted on May 23, 2019
The Maryland General Assembly passed a law rendering unenforceable non-compete agreement as applied to certain lower wage employees.  The law renders void non-compete agreements that attempt to restrict competition by employees earning equal to or less than $15...

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Varying Independent Contractor Tests Apply to Maryland Employees

Posted on January 28, 2019
Employees in Maryland enjoy our broad array of worker protection statutes.  Employees may qualify for sick leave and parental leave.  They can sue for overtime and lost wages (and may be eligible for triple damages).  They may be eligible for unemployment...

New Maryland Law Makes General Contractors Liable for Unpaid Wages Owed by Sub-Contractors

Posted on January 18, 2019
As of October 1, 2018, under a new law, general contractors in the construction industry are liable for wage theft by their sub-contractors.  General contractors are liable regardless of whether they control the sub-contractor's employees.   This new law broadens the possible defendants in a claim under the Wage Payment and Collection Law...

Maryland's ?Disclosing Sexual Harassment in the Workplace Act of 2018"

Posted on January 15, 2019
Maryland has a new law effective October 1, 2018, called the Disclosing Sexual Harassment in the Workplace Act.  One of the Act's main provisions says this:Except as prohibited by federal law, a provision in an employment contract, policy, or agreement that waives any substantive or procedural right or remedy to a claim that accrues in the future of sexual harassment or retaliation for reporting or asserting a right or remedy based on sexual harassment is null and void as being against the public policy of the State...

Costs To Defend Against Alleged Non-Compete Violations Often Drive Employee Decisions (Even if the Agreement is Likely Unenforceable)

Posted on January 14, 2019
I have reviewed many, many non-compete agreements over the course of my career.  A very large portion of them are likely unenforceable under existing Maryland law.  The agreements are overbroad, do not protect a legitimate business interest, purport to apply to an employee who cannot be covered, or contain terms that are presumptively unlawful...

Hiring An Employment Attorney

Posted on January 10, 2019
   If you are searching for an employment attorney, you most likely have come across lawyer marketing material. These materials include pay-per-click ads, videos, testimonials, and websites.  The message of these ads usually is some variation of: sue your former employer using  our law firm because it is the most aggressive, knowledgeable, and experienced in the area...

Choice of Law Provision Likely Unenforceable If It Causes a Maryland Employee to Forfeit Earned Wages

Posted on January 10, 2019
Choice of Law provisions are common in employment contracts and pay plans.  They state that the parties choose that a certain state's law (i.e., New York, New Jersey) will apply should there ever be a dispute over the meaning of the contract or pay plan...

Maryland Non-Compete Agreement Unenforceable As Applied to Salespeople Processing Competitive Bids

Posted on January 09, 2019
Here, the Maryland Court of Special Appeals held that a company's non-compete agreement was unenforceable as it applied to two salespeople.  The Court reasoned that because the sales at issue  "were won or lost on competitive bids, not sales relationships," the employer had no legally protectable interest in enforcing the agreement...

James Edward Rubin - jrubin@rubinemploymentlaw.com- (301) 760-7914

Posted on January 09, 2019
James E. Rubin is the founding partner of The Rubin Employment Law Firm, P.C. Before founding the firm, Mr. Rubin was a partner in a labor and employment boutique, where he managed the firm's employment litigation practice. Mr. Rubin also served as an associate with Sherman, Dunn, Cohen, Leifer & Yellig, where he represented national and local unions...

Can Severance Pay Be a "Wage" under the Maryland Wage Payment and Collection Law? Maybe!

Posted on August 16, 2018
Severance pay falls into two legal baskets under Maryland law.Severance pay earned for an employee's labor or work. Severance pay awarded in exchange for something other than work, most commonly in exchange for a covenant not to compete or in exchange for a waiver of claims...

Maryland Misclassification Cases Often Start with a Claim for Unemployment

Posted on October 02, 2017
Where can Maryland employees misclassified as independent contractors go to file a claim?  The unemployment office is one place they can go (after they are terminated from the job).Maryland's unemployment law has a restrictive test for employment status...

Maryland Paid Sick Leave Law Vetoed by Govenor Hogan - Update - Veto Overridden!

Posted on September 28, 2017
 Update - The General Assembly voted to overrider the veto.   See this helpful link on Maryland's sick leave law.+++++++++++++++++++++++++++++++++++On May 25, 2017, Governor Hogan vetoed the "Maryland Healthy Working Families Act."  This Act would have mandated that private-sector employers who employ more than 15 employees provide paid sick leave...

Maryland False Claims Act of 2015: State Law Protection for Whistleblowers

Posted on November 06, 2015
The Maryland False Claims Act took effect June 1, 2015.  The main provisions of the Act: Prohibit a person from knowingly making a false or fraudulent claim for payment or approval by the government; Permit a private citizen to file a civil action on behalf of the government against a person who has made a false claim; Require the court to award a certain percentage of the proceeds of the action to the private citizen initiating the action; and Prohibit retaliatory actions by a person against an employee, contractor, or grantee for disclosing a false claim or engaging in other false claims-related activities...

Minimum Wage Increases in Montgomery and Prince George's Counties effective October 1, 2015.

Posted on October 28, 2015
Effective October 1, 2015, the minimum wage in Montgomery and Prince George's Counties went up to $9.55 per hour. For the other counties in Maryland, the minimum wage is $8.25. Here is the Maryland Department of Labor's minimum wage site. Here is the Maryland Department of Labor's minimum wage site.

Chart Summarizing Maryland's Leave Laws

Posted on October 14, 2015
I have been doing some thinking about Maryland's Leave Laws. I put together a very simplistic summary to keep the laws straight in my mind. I pasted it below and hope that it helps!

The Maryland Parental Leave Act

Posted on October 08, 2015
 The Maryland Parental Leave Act requires requires employers with 15 to 49 employees to provide employees with unpaid parental leave.An eligible employee may take up to a total of six weeks of parental leave in a 12-month period for the birth, adoption, or foster placement of a child...

Montgomery County Employers Will Be Required to Provide Paid Sick Leave Beginning October 1, 2016

Posted on October 08, 2015
    Montgomery County is one of the few jurisdictions that require all employers provide paid sick leave.  That is the law under the Earned Sick and Safe Leave Act passed by the Montgomery County Council.     All employees will be entitled to accrue one hour of paid sick leave for every thirty hours worked...

Maryland's Highest Court to Hear Oral Arguments in Two Employment Law Cases in November 2014

Posted on October 10, 2014
The Maryland Court of Appeals (our highest Court) will hear oral argument in two employment law cases in November 2014. In Amalgamated Transit Union Local 1300 v. Lovelace, the Court is reviewing whether a disgruntled union officer's court claims against his union are barred because he has a remedy through an internal procedure...

Maryland Department of Labor Publishes Regulations Implementing Wage Lien Act

Posted on September 04, 2014
The Maryland Department of Labor (DLLR) recently published regulations implementing the Wage Lien Act.  The regs track the language of the statute, but to a good job explaining how to file a wage lien. An employee starts the process by serving on the employer a "Notice of Claim for Unpaid Wages...

Maryland's Highest Court Rules That Triple Damages are Recoverable for Unpaid Overtime

Posted on August 19, 2014
I have long tracked the debate over whether triple damages are recoverable for overtime under the Maryland Wage Payment and Collection Law.   Maryland's highest Court, the Court of Appeals, put the issue to bed in Muriel Peters v. Early Healthcare Giver, Inc...

Q. Does the Maryland Wage Payment and Collection Law permit triple damages for overtime? (Update: Yes)

Posted on June 23, 2014
A.  I believe that the answer is yes (and wrote about why I think that is case).  A case pending before the Maryland Court of Appeals will likely provide a final answer.  The case is Muriel Peters v. Early Healthcare Giver, Inc.   The Court in Peters agreed to review the following three questions:1) Are overtime wages recoverable under the MD Wage Payment and Collection Law (MWPCL)?2) In a bench trial, is it an abuse of discretion to fail, without explanation, to award treble damages under the MWPCL where there is no claim of bona fide dispute?3) Should any award of up to treble damages under MWPCL be made in addition to the award of unpaid wages?The above questions suggest that the trial court awarded overtime wages but did not award the triple damages permitted by the Maryland Wage Payment and Collection Law (but did not explain why)...

Maryland Law Increasing Minimum Wage Also Provides for Liquidated (or Double) Damages

Posted on June 19, 2014
    The Federal law governing the minimum wage and overtime is the Fair Labor Standards Act ("FLSA").  Maryland has its own minimum wage and overtime law, called the Maryland Wage and Hour Law ("MWHL").  Under the FLSA, a plaintiff claiming unpaid wages can collect the amount owed plus an equivalent amount as liquidated damages...

Maryland Health Care Worker Whistelblower Protection Act

Posted on February 17, 2011
   Maryland has a special lawthat protects health care workers from retaliation.  The Maryland Health Care Worker Whistleblower Protection Act protects an employee from retaliation if he or she discloses to a supervisor or board an activity that is in violation of a law, rule, or regulation...

Promise in Employee Handbook Can Become Enforceable Contract in Maryland

Posted on January 24, 2011
     Many employers issue employee handbooks.  The handbooks usually include disclaimers that state that the handbooks do not change the "at will" nature of employment.       But, the United States District Court of Maryland recently ruled that an employer's anti-retaliation provision can become the basis for an enforceable contract...

Legal Jujutsu: Compelling Arbitration When Sued For Alleged Breach of a Non-Compete

Posted on January 21, 2011
I have mentioned forced arbitration often on this blog.  That is, when an employer requires its employees to sign an arbitration clause and waive their right to a jury trial as a condition of employment.  But, what happens when at the end of the relationship, it is the employer that sues the employee in Court for a non-compete violation?  With a bit of legal jujutsu, I have had some success getting the matter dismissed from Court based on a motion to compel and to dismiss using the employer-drafted forced arbitration clause...

Bill to raise Maryland?s minimum wage faces opposition

Posted on January 20, 2011
A bill pending in the General Assembly proposes to gradually move the Maryland minimum wage to $10 per hour.  This article from the Daily Record notes the substantial opposition to the bill, including from the Maryland Chamber of Commerce.   Given the economic climate, I believe the odds of the bill passing are slim.

Recent Decision - Attorneys Fees Under The Maryland Wage Payment and Collection Law

Posted on January 19, 2011
   Daniel Barufaldi had an employment contract with the Ocean City Chamber of Commerce. He resigned when the chamber refused to pay him incentive-based compensation.    Barufaldi sued the Chamber for breach of contract and unpaid wages under the Maryland Wage Payment and Collection Law (?MWPCL?), and the Chamber counterclaimed for breach of contract...

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