Litigation FAQ: Are My Attorneys’ Fees Recoverable?
One of the first questions many attorneys are asked when a client is considering filing a lawsuit is whether the fees and costs they will incur in the litigation are recoverable. In virtually all personal injury and property damage cases and in many business disputes, under what courts have dubbed the “American Rule,” the answer…
Deflection is Not the Best Defense to a Wage and Hour Claim
Ideally, employers that are faced with valid overtime or minimum wage claims should focus on working with their attorney to accurately evaluate their exposure and identify the most efficient way to resolve the claim. While this advice seems self-evident, too often employers do not heed it. Instead, frustrated by the cost of defending the claim…
$10 Million Awarded by North Carolina Jury to White Male Executive Is Costly Reminder to Employers That Efforts to Diversify Must Be Lawful
Employers of all sizes and in all industries are striving to bring diversity to their workforces, including at the management level. Employers would be well-served, however, not to lose sight of the fact that Title VII of the Civil Rights Act of 1964, which governs discrimination in employment, protects all employees from discrimination on the…
The Latest on President Biden’s Executive Order to Promote Competition in the American Economy
Nearly four months ago, President Biden issued an executive order in which he urged the Federal Trade Commission to explore enacting rules to curtail the use of non-competes and other agreements that impede worker mobility. In the days and weeks that followed, there were myriad articles and blog posts published by employment lawyers (present company…
Healthcare Employers: Don’t Learn About the FLSA “Learned Professional” Exemption the Hard Way
A widespread myth regarding the FLSA is that employees who are “on salary” do not need to be paid overtime. This misunderstanding of the law creates a significant risk that healthcare entities may be violating the law by failing to pay their employees overtime merely because they are salaried. While being paid on a salary…
Increased Hiring Means Employers Should Perform a Criminal Background Check Check-Up
Governor Hogan’s recent decision to end Maryland’s participation in the federal enhanced employment benefits program and to reinstate the requirement that those collecting unemployment benefits resume their efforts to find work is likely to spur a hiring increase around the state. Employers looking to hire would be wise to verify that their hiring practices and procedures comply with Maryland’s relatively new criminal…
President Biden’s Recent Executive Order on Promoting Competition in the American Economy Differs Significantly From President Obama’s Approach to A Similar “Problem”
President Biden’s July 9, 2021, executive order, in which he urged the Federal Trade Commission to explore enacting rules to curtail the use of non-competes and other agreements that impede worker mobility, marks a change in approach and scope from President Obama’s efforts to address the same issue. First, in his October 2015 “State Call to Action…
Courts’ Decisions in FFCRA Cases Offer Guidance to Employers Facing FFCRA Claims
With 14 months having passed since the Families First Coronavirus Response Act (FFCRA) took effect, the number of decisions by U.S. District Courts relating to claims arising from violations of that law is increasing. The arguments made by employers and employees in these cases, and how courts have addressed those arguments, can provide valuable insight…
Federal Court Rejects Employees’ Attempts to Recover Unpaid Wages and Overtime Under Maryland Law for Workweeks in Which They Did No Work in Maryland
In a recent decision that appears to address the issue for the first time, U.S. District Court Judge Peter Messitte ruled that Maryland wage and hour statutes did not entitle members of a class of cable/telephone/internet technicians to recover unpaid wages and overtime earned during workweeks in which they did not perform any work in…
Sexual Orientation Discrimination In The Workplace
SUPREME COURT HOLDS THAT CIVIL RIGHTS ACT OF 1964 PROHIBITS DISCRIMINATION IN EMPLOYMENT BASED UPON SEXUAL ORIENTATION In a 6-3 decision that decided three pending cases, the Supreme Court held that the prohibition in the Civil Rights Act of 1964 of discrimination in the workplace based upon “sex” prohibits discrimination based upon sexual orientation as…