Federal Court Allows Parties to Shorten Limitations Periods by Contract
In Bracey v. Lancaster Foods, LLC, No. RDB-17-1826, 2018 BL 112613 (D. Md. Mar. 30, 2018), the Maryland Federal Court reiterated the rule that statutory limitations periods may be shortened by agreement, so long as the limitations period is not unreasonably short. BACKGROUND Plaintiff Michael Bracey sued Defendant Lancaster Foods, LLC alleging violations of the…
Plaintiff Survives Motion for Summary Judgment in FLSA Executive Exemption Case
Under the FLSA, an employee is exempt from overtime compensation as an “executive” if: (1) he is compensated on a salary basis at a rate of not less than $455 per week; (2) his primary duty is “management of the enterprise in which the employee is employed”; (3) he “customarily and regularly directs the work of two…
The Maryland Healthy Working Families Act Is In Effect
The Maryland Healthy Working Families Act (“HWFA”) is now fully in effect. The House Economic Matters Committee voted down SB 304, an attempt to delay implementation of the HWFA. See our previous articles discussing the HWFA in detail.
Maryland Federal Court Asserts Jurisdiction Over Purported State Court Contract Claim
In Allied Fire Prot., Inc. v. Thai, No. PWG-17-551, 2017 WL 4354802, at *1 (D. Md. Oct. 2, 2017), the plaintiff employer filed suit against its former employee in the Circuit Court for Prince George’s County, alleging four causes of action: (I) breach of contract (specifically, the Non-Compete/Non-Disclosure Agreement); (II) breach of the non-compete and non-solicitation provisions of…
Senate Finance Committee Unanimously Votes to Postpone the Maryland Healthy Working Families Act
Today, the Senate Finance Committee voted unanimously to delay the enforcement of the Maryland Healthy Working Families Act (“HWFA”). The HWFA was supposed to to go into effect on February 11, 2018, however, the Senate Finance Committee voted to postpone the law until July 1, 2018, based on a bill introduced by the chair of…
Fourth Circuit Court of Appeals Affirms District Court’s Denial to Enforce Arbitration Agreements
The Federal Arbitration Act (FAA) adopted a liberal federal policy favoring arbitration agreements. The FAA recognizes that arbitration is an expeditious way to resolve disputes and conserve judicial resources. It accordingly requires that courts stay any suit or proceeding pending arbitration of any issue referable to arbitration under an agreement in writing for such arbitration. …
The Maryland Healthy Working Families Act
Yesterday, the Maryland General Assembly passed the Maryland Healthy Working Families Act (“HWFA”). The HWFA requires employers with 15 or more workers to provide paid sick leave to employees who work at least 12 hours per week. Employers with 14 or fewer employees are required to provide unpaid leave for employees who work at least 12 hours per week. The…
Hostile Work Environment on the Basis of Gender
Related to the previous post, in Churchill v. Prince George’s Cty. Pub. Sch., the plaintiff also brought a claim for a hostile work environment based on her gender under Title VII and the MFEPA. In order to successfully bring such a claim, a plaintiff must allege that she was subjected to “offending conduct” that was (1) unwelcome,…
Maryland Federal Court Dismisses Sexual Orientation Discrimination Claims
In Churchill v. Prince George’s Cty. Pub. Sch., No. PWG-17-980, 2017 BL 430226 (D. Md. Dec. 01, 2017), the plaintiff brought claims of discrimination based on sexual orientation under Title VII and the Maryland Fair Employment Practices Act (“MFEPA”). Title VII proscribes discrimination based on race, color, religion, sex, or national origin, while the MFEPA…
Recent Failure to Hire Case with Vigorous Arguments presented by Defendant Employer: Part Two
Continuing from our previous article, the Court next analyzed Plaintiff’s claims under the “promissory estoppel” theory. B. Promissory Estoppel Maryland adopted the Restatement (Second) of Contracts § 90 (1979) for promissory estoppel, which considers four elements: 1) a clear and definite promise; 2) where the promisor has a reasonable expectation that the offer will induce action…