In Part I, I examined the court’s March 2025 opinion in TK Elevator Corporation v. Drzewiecki, which granted injunctive relief on TKE’s claim for breach of a restrictive covenant but denied relief on its trade secret claims for lack of specificit…
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Employers often view restrictive covenants like insurance—a protective measure you hope never to need, but that helps you sleep at night. Their real value, though, is measured not when they are signed, but when they are tested in practice. That tes…
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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…
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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…
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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…
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“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…
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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…
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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…
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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…
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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…
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