Case Analysis: What is Discoverable in Litigation?

In litigation, opposing parties can sometimes get carried away with the quantity and quality of the information requested in discovery, raising doubts about the relevancy and necessity of the requested information. In Terrell v. Memphis Zoo, Inc., No… Read More
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Maryland's Disclosing Sexual Harassment in the Workplace Act of 2018

The “Disclosing Sexual Harassment in the Workplace Act of 2018″ goes into effect on October 1, 2018. The Act first concerns a provision in an employment contract, policy or agreement that waives any substantive or procedural right or remedy t… Read More
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Maryland Minimum Wage Law Updates

On July 1, 2018, the minimum wage rate for Maryland increases to $10.10 and the minimum wage rates for Montgomery County increases to $12.25 for employers with 51 or more employees and $12.00 for employers with 50 or fewer employees. Read More
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NLRB Denies Reconsideration of Joint Employer Decision

On August 27, 2015, in Browning-Ferris Industries of California, Inc. d/b/a BFI Newby Island Recyclery (Browning-Ferris), 362 NLRB No. 186 (2015), the National Labor Relations Board established a new legal standard for determining whether two employe… Read More
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Employee's Facebook Post Does Not Qualify as Complaint Under the FLSA

In Trigueros v. New Orleans City, 2018 BL 183305, E.D. La., 17-10960, the Court ruled that the plaintiff employee may not move forward with her claim that she was fired in retaliation for commenting on her lack of overtime pay on Facebook, because co… Read More
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FMLA Claim Loses Due to Employer's Handbook

A recent Federal Court case demonstrates the advantage an employer enjoys by including FMLA notice requirements in its employment handbook. In Everson v. SCI Tennessee Funeral Services, LLC, 2018 WL 1899368, (M.D. Tenn. Apr. 20, 2018), Plaintiff Omme… Read More
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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… Read More
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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. Read More
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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)… Read More
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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 v… Read More
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