Maryland Employment Law: Employment Law

Home -> Law Blog Directory -> Employment Law Blogs

Employment Law

Maryland Employment Law

Employment Law Developments in Maryland.
By James Rubin, Esq.

Post Frequency: 0.3/day

Last Entry: September 08, 2009 at 10:02:00

Sick With Flu? Workers Have Few Rights

Posted on September 08, 2009
I did an interview with WUSA 9 last night on employee rights when you get the flu. Here is a bit more detail on your rights if you are an immediate family member gets sick with the flu:FAMILY AND MEDICAL LEAVE ACT. If you and your employer are covered you have the right to up to 12 weeks of protected leave if your illness qualifies as a "serious health condition...

Ticket Office Employees Sue The Redskins for Unpaid Overtime: Granted Collective/Class Status.

Posted on August 17, 2009
Six former employees of the Washington Redskins are prosecuting an overtime arbitration against The Washington Redskins. The suit charges the Redskins with failing to pay overtime wages and commissions in violation of federal and state labor laws. The suit was filed by the Rubin Employment Law Firm, P...

Maryland Workplace Fraud Act of 2009 - "Independent Contractors" in the Construction and Landscaping Industries

Posted on June 30, 2009
The General Assembly last session passed the Workplace Fraud Act of 2009. The Act grants to the Maryland Department of Labor authority to misclassification of employees as independent contractors in the construction and landscaping industries. The Act allows an employer who misclassifies an employee but does not do so knowingly to come into compliance within 45 days without penalty...

Important Changes to Maryland Unemployment Law

Posted on June 24, 2009
The 2009 General Assembly enacted several changes to Maryland's unemployment law (the link goes to a review of the session -- scroll down to page 35 for the unemployment law reforms) Here are the highlights: Increase in benefits: The maximum weekly benefit rate will increase from increase from $380 to $410 for claims establishing a new benefit year on or after October 4, 2009...

To access blog feed reader register for free. (You will also learn about new ways to read and access the freshest law blogs.)

In Record Numbers, Employers Move to Block Unemployment Payouts

Posted on February 12, 2009
The front page above-the-fold article in the Washington Post today is about how more and more employers are contesting employee claims for benefits. It provides empirical support to what I have witnessed in my law practice: an increased number of calls from employees facing appeals...

Workers Rights' Legal Clinic at the University of Maryland School of Law

Posted on February 10, 2009
If you have a meritorious unemployment benefits appeal and need legal representation, you may want to contact the Workers Rights' legal clinic at the University of Maryland School of Law. Trained law students, working under the supervision of their professor, who is an experienced employment law attorney, represent claimants in unemployment appeals...

Is Severance Pay Deducted from Unemployment Benefits in Maryland?

Posted on February 09, 2009
The answer: it depends. Here is a direct quote from the DLLR Employer's Quick Reference Guide (see page 19):The receipt of severance payments will not be deducted from . . . benefits if the individual?s job has been abolished through layoff, facility closure, etc...

Why Maryland Employment Lawyers Are Reluctant to Represent Claimants in Unemployment Hearings.

Posted on February 05, 2009
Today The Washington Post published two articles on unemployment compensation: Deluge Is Holding Up Benefits to Unemployed Decline in Funding Forces Staff Cuts as Claims Swell and New Jobless Claims Surge to 626,000. The first article mentions the often harrowing appeal process that may occur when an employer contests a claim for benefits...

Triple Damages Standard Under the Maryland Wage Payment and Collection Law

Posted on January 23, 2009
I recently won a verdict at a bench trial (no jury) that included enhanced damages under the Maryland Wage Payment and Collection Law. The Law allows an employee to recover up to three times the amount of earned unpaid wages. I am frequently asked what the standard is for awarding enhanced damages...

Sadly, Not Much To Contest About an Across-The-Board Pay Cut.

Posted on January 23, 2009
A reader recently asked:I've read over your blog and must thank you for posting all of the information. Your blog is very helpful. I have a question that I would like to ask you that I am having trouble finding an answer to. All salary and hourly employees at the company I work for have been told that a mandatory pay cut would be put into effect on our next pay cycle...

Maryland Department of Labor to Push Bill Increasing Penalties for Mislcassifying Employees as Independent Contractors

Posted on January 12, 2009
It will be a difficult General Assembly session with our State facing nearly a $2 billion deficit. Our State Department of Labor (the DLLR) will be pushing a bill to stiffen the penalties for misclassifying employees as independent contractors for unemployment and workers compensation...

Maryland Felxible Leave Act Likely to Be Amended

Posted on January 12, 2009
Last session the General Assembly passed the Maryland Flexible Leave Act. The Act requires employers with 15 or more employees that provide paid leave to allow the employee to use earned paid leave to care for the illness of an immediate family member (child, spouse, or parent)...

Maryland Unemployment Benefits Extended

Posted on December 22, 2008
Congress extended unemployment benefits by twenty weeks. Check the a href="http://www.dllr.state.md.us/employment/unemployment.shtml"Maryland Department of Unemployment Insurance /afor details.

Promised Profits and Deferred Compensation Can be a Wage -- Triple Damages Awarded!

Posted on December 19, 2008
Accountant Kevin Fetridge worked at Aronson & Co. for over 25 years. Under Mr. Fetridge's employment agreement, if he was terminated, he would receive "Terminating Employee Compensation" (TEC), a form of severance pay. However, if Mr. Fetridge violated a non-compete agreemen, Aronson would be entitled to offset damages from the TEC...

Attorney's Fees Available Under Maryland Wage Payment and Collection Law

Posted on December 08, 2008
Karl Clark sued his former employer, Programmers' Consortium, Inc., for unpaid wages. The Consortium paid Mr. Clark sporadically because of financial difficulties in the company. He ultimately sued his former employer under the Maryland Wage Payment and Collection Law...

What to do when you are threatened with a non-compete lawsuit.

Posted on May 13, 2008
I recently had two successful outcomes in a non-compete cases on behalf of employees either being sued or threatened with being sued. It got me to thinking what are the ways my clients should prepare for the first meeting with a lawyer in these circumstances...

General Assembly Severely Limits Employees' Rights to Accrued Vacation Pay Upon Termination

Posted on May 13, 2008
The Maryland Wage Payment and Collection Law defines wages as including fringe benefits. Many plaintiffs' employment lawyers, like myself, argued that vacation pay is a fringe benefit earned just like any other wage. In August 2007, the Court of Special Appeals agreed with us ruling in Catapult v...

Court of Appeals Dismisses Hoffeld

Posted on May 13, 2008
As mentioned in a previous post, the Maryland Court of Appeals had agreed to review the most recent commissions case brought under the Maryland Wage Payment and Collection Law. The name of the case is Hoffeld v. Shepherd Electric. Our lower appeals court, the Court of Special Appeals, ruled that a salesman was not entitled to several commissions because the employer had not yet invoiced several deals...

Q: My Employer Has Offerred Me Severance In Exchange for Signing a Waiver. What Should I Do?

Posted on January 18, 2008
Q: You have been fired. Your employer offers you a severance agreement. The agreement offers you money in exchange for signing a waiver. What should you do?A: You should understand exactly what it is you are waiving. If possible, have a lawyer review the agreement...

Satisfied Client -- Commissions Case Under the Maryland Wage Payment and Collection Law

Posted on January 16, 2008
Last year I worked very hard for a client suing his former employer for commissions under the Maryland Wage Payment and Collection Law. We settled the case on the courthouse steps toward the end of the year. Because we worked so hard on the case last year I am posting with his permission my client's very kind testimonial...

My comment on Hoffeld v. Shepherd Electric

Posted on December 30, 2007
In my prior post I reviewed the recent decision issues by the Court of Special Appeals in Hoffeld v. Shepherd Electric. After a bench trial (no jury), the Court held that the plaintiff was not entitled to several commissions because the employer had not yet invoiced several deals...

New Commissions Case issued by Court of Special Appeals

Posted on November 28, 2007
The Court of Special Appeals recently issued Hoffeld v. Shepherd Electric Co. There, Mr. Hoffeld worked for a wholesale and retail electrical supplier as an outside salesman. Shepherd Electric paid Mr. Hoffeld solely on commission. Shepherd Electric did not pay a commission until an order was shipped and invoiced...

Triple Damages Under the Maryland Wage Payment and Collection Law

Posted on November 27, 2007
I frequently represent salespeople seeking unpaid commissions under the Maryland Wage Maryland Wage Payment and Collection Law. I have written about this area of the law many times. One important part of the Maryland Wage Payment and Collection Law is the provision that allows the Court to award triple damages if the plaintiff successfully proves his or her claims...

Top Five Ways Employers Violate Maryland's Wage Laws

Posted on September 04, 2007
I am amazed at how creative employers can be when it comes to violating Maryland's wage laws. However, as my law practice continues to grow, several consistent wage violations continue to recur. In no particular order, here is what I see.Employers fail to pay their non-exempt employees overtime when they work more than 40 hours in a week...

How Employment Lawyers Charge Their Clients

Posted on August 30, 2007
Employment lawyers work to earn money. When an employment lawyer is evaluating a case his or her eyes are on the bottom line. "Can I service my client while making a profit?" is the question we are asking. Many cases come with laudable rewards in addition to money, including working to attain a measure justice for our clients...

Accrued Vacation Pay Is Covered by the Wage Payment and Collection Law

Posted on August 29, 2007
I have written many articles on why accrued vacation should be considered a wage under the Maryland Wage Payment and Collection Law (MWPCL) . This is an important issue for Maryland employees. If accrued vacation is covered by the MWPCL, a plaintiff suing to recover earned wages may be entitled to three times the amount actually owed...

Protecting Employee Rights in the State Courts of Maryland

Posted on July 27, 2007
The Third Annual Maryland Employment Lawyers ("MELA") Conference, "Protecting Employee Rights in the State Courts of Maryland," will be Friday, September 28, 2007 at the Columbia Sheraton.There will be an exciting line-up, focused on how to succeed in the Maryland state courts...

Top Five Ways Restaurants Violate Wage Laws

Posted on July 26, 2007
Over at wagecollection.com, I noted the top 5 ways restaurants violate wage laws.

Employees win Jury Verdict in Accrued Vacation Case

Posted on July 23, 2007
I have argued many times that earned accrued vacation pay counts as wages under the Maryland Wage Payment and Collection law. Counting vacation pay under the law is significant because it allows employees to collect up to three times the amount owed if an employer wrongfully withholds earned vacation pay...

Two More Ways to Leverage Your Way Out of A Non-Compete

Posted on July 20, 2007
On this post, I listed three ways to leverage your way out of a non-compete in Maryland:Convince your employer to reduce your non-compete obligations by agreeing not to initiate litigation. Another way to put this is convince your employer that the litigation will be more expensive than the benefit of enforcing a non-compete...

A Non-Compete Success Story

Posted on July 20, 2007
I recently defended an individual salesperson accused of violating a non-compete agreement. (The individual, the companies involved, and the result are confidential.) What I believe played a major role in the favorable result was establishing who can and who cannot be subject to a non-compete in Maryland...

Maryland Permits Church Organist to Continue Lawsuit

Posted on June 14, 2007
I have written a lot about Archdiocese of Washington v. Moerson. Here is a summary I wrote more than a year ago:In Moerson, the Circuit Court and Court of Special Appeals issued conflicting decisions on whether the "ministerial exception" to Maryland's employment laws applies to an organist's claim against his former employer...

Overtime Calculator

Posted on May 14, 2007
Calculating your overtime premium can be a pain. Now the U.S. Department of Labor has an overtime calculator on its website to help with your calculations. Are you owed overtime? Check the calculator to see. (Thanks to Michael Fox at Jottings by an Employer's Lawyer for the link)

Maryland Department of Labor to add Wage investigators

Posted on May 14, 2007
An employee who is owed wages from his or her employer can pursue an action to collect those wages under the Maryland Wage Payment and Collection Law. The employee has two options: (1) hire a private attorney to sue his or her former employer; (2) report the employer to the Maryland Department of Labor, Licensing and Regulation ("DLLR"), Employment Standards Division...

Two Key Maryland Cases End Today

Posted on April 17, 2007
1. The Fourth Circuit's "black monkeys" case narrowed Title VII's anti-retaliation protection for employees working in Maryland. The Court held that by reporting to your boss that your co-worker called African-Americans "black monkeys" and "black apes," you are not opposing discrimination in the workplace (and therefore not entitled to Title VII's anti-retaliation protections)...

Restaurant Workers Among the Most Abused.

Posted on April 17, 2007
In fiscal year 2006, the Department of Labor collected nearly $50.6 million in back wages for approximately 86,700 workers in "low-wage industries." What industry made up the bulk of the violations? The restaurant industry. Although the statistics are drawn from the entire nation, I know it is no different in Maryland since this firm (and several of my colleagues) have pursued claims on behalf of servers, kitchen workers, and custodial employees.

Are You Really an Independent Contractor?

Posted on April 13, 2007
Monday is tax day. Is the individual responsible for payroll taxes or is the employer? Is the individual entitled to overtime for working more than 40 hours in a week. It may depend on whether the individual is an independent contractor or an employee...

True or False: Maryland Law Does Not Require Employers to Give Breaks to their Adult Employees.

Posted on April 11, 2007
True. According to the Maryland Department of Labor: "There is no law requiring an employer to provide breaks, including lunch breaks, unless the employee is under the age of 18."But if an employer gives you a "break" you must be completely relieved of your duties for at least twenty minutes...

Medex v. McCabe and Accrued Vacation

Posted on April 09, 2007
The Maryland Court of Appeals seminal wage payment and collection law decision is Medex v. McCabe. The rule of Medex is:If an employee earns compensation he or she is entitled to it and an employer cannot arbitrarily require an employee to forfeit those wages...

A Tail of Two Wage Bills.

Posted on April 06, 2007
Legislators introduced two interesting wage bills in this General Assembly session. One "living wage bill" raises the minimum wages for employees working for state-government contractors. The other bill seeks to limit executive compensation to a maximum of thirty times a company's lowest paid worker...

Employers May Not Have their Hand in Restaurant Workers' Tip Pool

Posted on April 02, 2007
Employers can pay restaurant workers the "sub minimum wage" ($3.08 per hour in Maryland) because servers and waiters can make up the difference earning tips. Employers call this the "tip credit" against the minimum wage.Employers may pool all tips and distribute them equitably to those employees who are in the business of providing service to the customers...

Restauruant workers who work overtime: are you entitled to 1.5 x $3.08 per overtime hour or 1.5 x the minumum wage?

Posted on March 30, 2007
Which is it? Hint: Restaurants frequently get the answer wrong. Here is the answer from the United States Department of Labor website:Overtime: Overtime must be paid at a rate of at least one and one-half times the employee's regular rate of pay for each hour worked in excess of 40 hours per week...

Even Written Employment Contracts Can be At Will

Posted on March 29, 2007
Maryland is an "at will employment" state. With limited exception, an employer or an employee can terminate the relationship without notice for any reason. One familiar exception is that an employer cannot terminate an employee because of his or her protected status, i...

General Assembly Extends Discrimination Cause of Action Statewide

Posted on March 28, 2007
I wrote here about a quirk in Maryland's anti-discrimination laws. At the time only individuals who lived in four Maryland counties (Prince George's, Montgomery, Howard, and Baltimore County), could file a lawsuit alleging a violation of a local civil rights ordinance...

Daniel Snyder Makes the Number 1 Employment Law Mistake: Jury Awards $44,880 to Nanny

Posted on March 15, 2007
What is the number one employment law mistake? Failing to pay overtime to non-exempt employees. Redskins owner Daniel Snyder learned the hard way after a Montgomery County jury awarded his former nanny $44,880 in unpaid overtime. The jury declined to award the nanny additional damages under the Maryland Wage Payment and Collection Law...