Archive for 2013

What's in a Name? Independent Contractors v. Employees

Classifying or misclassifying someone as an employee or an independent contractor can have significant effects for employers. In an examination of the use of titles, Shakespeare famously wrote “That which we call a rose, by any other name would smell as sweet.”  Shakespeare clearly did not consider employment law when he wrote that metaphor because…

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Jurisdictional Win for Class Action Lawsuits

Firm Litigators Secure Federal Multi-Jurisdictional Transfer and Consolidation of Multiple Pending Lawsuits In a victory for a firm client that is currently a defendant to four federal court false advertising class actions pending in California, Illinois, Florida and New York, firm litigator Joshua Glikin successfully achieved a nationwide transfer and consolidation of all pending and…

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Sexual Harassment: Always A Touchy Situation In The Workplace

Statistics compiled by the Equal Employment Opportunity Commission, other administrative agencies, and the courts indicate that allegations of sexual harassment in the workplace are declining. However, statistics don’t always represent the full picture. While claims may be down, incidents of sexual harassment could very well still be increasing.  That means employers must remain vigilant and…

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Legal Opinion for Extended Verification SSL

Industry standards require Certification Authorities to obtain a Legal Opinion Letter that verifies certain facts about a business before issuing it an Extended Verification Secure Socket Layer (EV-SSL) Certification. Many companies choose to pursue an EV-SSL certificate for their website.  As part of this process, a Certification Authority (CA) will often require a Legal Opinion…

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Supreme Court Review

The latest Supreme Court term, which ended in July 2013, produced a series of 5-4 decisions that changed the employment law landscape regarding: (1) an employer’s vicarious liability for sexual harassment allegedly perpetrated by a supervisor; (2) burdens of proof in retaliation cases; (3) Fair Labor Standards Act collective actions; and (4) Rule 23 class…

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NLRB Advice Memorandum Clarifies Law Regarding Employers’ Ability To Prohibit Employees From Disclosing Information About Misconduct Investigations

Employers investigating complaints or incidents of employee misconduct—such as sexual harassment in the workplace—have typically admonished employees to refrain from disclosing information about ongoing investigations.  Employers do so to protect the integrity of the investigation, the reputation of the accused employees, and the employees who lodge complaints or provide information from becoming targets for retaliation.

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Maryland Passes Law Requiring Employers To Accommodate Pregnancy-Related Disabilities

In May 2013, Governor Martin O’Malley signed into law the “Reasonable Accommodations for Pregnant Workers Act,” which requires Maryland employers to provide reasonable accommodations to women suffering from pregnancy-related disabilities.  See Md. Code Ann. State Gov’t §§20-601, et seq.  The Act applies to all employers with at least fifteen employees for each working day in…

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Protecting Against Mechanic’s Liens

The Maryland Mechanic’s Lien law allows contractors, subcontractors and suppliers to bring claims directly against an owner of residential or commercial property, provided that the claimant meets certain procedural and substantive qualifications.  Additionally, Maryland contract law does not allow a contractor or subcontractor to waive their right to file a mechanic’s lien, even if the…

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Legislative Roundup: New Maryland Laws Affecting Employers

This year, in addition to the Pregnancy Disability Leave Act and the Military Deployment Leave Law (which are discussed elsewhere in the blog), Governor Martin O’Malley signed into law two bills affecting employees’ rights.  The first bill provided even more force to the Maryland Wage Payment and Collection Law, while the second introduced a new…

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A New Era For Healthcare

For nearly 40 years, Maryland has done things differently when it comes to health care.  Ours is the only state that sets the rates hospitals can charge for the services they provide. It is now being dramatically updated for a new era of care.  For forty (40) years, hospitals have been paid to treat patients…

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