Business owners pour years of blood, sweat, and tears into building their companies. Managers invest their time and energy in leading and supporting their teams. Given that level of personal investment, it is understandable that workplace complaints…
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How granular is the FLSA’s requirement to pay overtime? Let’s say an employee is in the middle of editing a document for work and, rather than stopping short at 5pm, goes until 5:05. Do you have to pay time-and-a-half for those extra five minutes…
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Consistency in employment practices is a strong safeguard against legal risk. Nine out of ten employment attorneys agree that consistency is crucial to avoiding liability. Ok, that’s not true. Ten out of ten employment attorneys agree that “it de…
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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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