When Off-Duty Behavior Follows Employees Back to Work

Can a company discipline, or even terminate, an employee who misbehaves outside of work? Here’s the scenario: a warehouse operations supervisor at a Maryland distribution company disciplines an employee for repeated safety violations and insubordin… Read More
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Reducing the Risk of and Surviving a DOL Wage and Hour Audit

What risk does an employer face from failing to pay employees correctly under the federal minimum wage and overtime laws of the Fair Labor Standards Act? Companies who are interested in the answer might ask one of the 176,957 employees who received b… Read More
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Protecting Your Company’s Competitive Edge: Trade Secrets, Confidentiality, and Employment Restrictive Covenants

We live in a data-driven and informational world. It is no surprise, then, that for many companies, the most valuable asset is information. Think customer lists, pricing strategies, internal business processes, and proprietary technology. This inform… Read More
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What Employment Agreements Are, and What They’re Not

“Employee is expected to serve as a positive role model.” Employers often ask the wrong question when it comes to drafting their employment agreements: Is this legal? The real question is: Do you really want it in there? That’s because the purp… Read More
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Consult Early, Consult Of…

Consult Early, Consult Often: When Business Owners Should Call A Lawyer

Consult Early, Consult Of… When should business owners consult an attorney? Ideally, before a problem becomes expensive. The Tammany Hall political machine was notorious for its slogan of “Vote early and vote often.” For business owners, I would change that to “consult e… Read More
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Are Employers Responsible When They Don’t Know their Employee Worked Overtime?

The Fair Labor Standards Act (FLSA) requires that employers pay their non-exempt employees overtime rates for all hours above 40 that they work in a week. In most cases, of course, an employer knows when an employee is working overtime. The company e… Read More
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When Complaints Become Protected: A Practical Guide to Concerted Activity

Here’s an everyday scenario for your consideration: A company issues its annual merit-based raises to all its employees. Two employees are overheard discussing their bonuses in the break room, with one wondering out loud why the other got more than… Read More
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Why Every Employer Needs a Strong Sexual Harassment Policy, Clear Procedures, and Effective Training

A Legal Guide for Employers Navigating Federal and Maryland Harassment Law Many employers treat sexual harassment policies like a fire extinguisher mounted on the wall: displayed for compliance purposes, but rarely maintained, tested, or taken seriou… Read More
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Defending Exempt Status under the FLSA Recently Became Easier

High-level employees often are exempt from the overtime laws under the Fair Labor Standards Act (FLSA). When employees are paid on a salary basis and they perform duties as a manager, administrator, or professional (for example), they do not receive… Read More
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Demystifying Security Clearances

Depending on your age and media franchise preference, security clearances can conjure up images of shaken martinis, silenced Berettas, detailed satellite imagery, nuclear submarines, and codewords. When I was younger, I devoured Tom Clancy novels (ba… Read More
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