Maryland Law Increasing Minimum Wage Also Provides for Liquidated (or Double)...
The Federal law governing the minimum wage and overtime is the Fair Labor Standards Act ("FLSA"). Maryland has its own minimum wage and overtime law, called the Maryland Wage and Hour Law...
View ArticleQ. Does the Maryland Wage Payment and Collection Law permit triple damages...
A. I believe that the answer is yes (and wrote about why I think that is case). A case pending before the Maryland Court of Appeals will likely provide a final answer. The case is Muriel Peters v....
View ArticleMaryland's Highest Court Rules That Triple Damages are Recoverable for Unpaid...
I have long tracked the debate over whether triple damages are recoverable for overtime under the Maryland Wage Payment and Collection Law. Maryland's highest Court, the Court of Appeals, put the...
View ArticleMaryland Department of Labor Publishes Regulations Implementing Wage Lien Act
The Maryland Department of Labor (DLLR) recently published regulations implementing the Wage Lien Act. The regs track the language of the statute, but to a good job explaining how to file a wage lien....
View ArticleMaryland's Highest Court to Hear Oral Arguments in Two Employment Law Cases...
The Maryland Court of Appeals (our highest Court) will hear oral argument in two employment law cases in November 2014. In Amalgamated Transit Union Local 1300 v. Lovelace, the Court is reviewing...
View ArticleMontgomery County Employers Will Be Required to Provide Paid Sick Leave...
Montgomery County is one of the few jurisdictions that require all employers provide paid sick leave. That is the law under the Earned Sick and Safe Leave Act passed by the Montgomery County...
View ArticleThe Maryland Parental Leave Act
The Maryland Parental Leave Act requires requires employers with 15 to 49 employees to provide employees with unpaid parental leave.An eligible employee may take up to a total of six weeks of parental...
View ArticleChart Summarizing Maryland's Leave Laws
I have been doing some thinking about Maryland's Leave Laws. I put together a very simplistic summary to keep the laws straight in my mind. I pasted it below and hope that it helps!
View ArticleMinimum Wage Increases in Montgomery and Prince George's Counties effective...
Effective October 1, 2015, the minimum wage in Montgomery and Prince George's Counties went up to $9.55 per hour. For the other counties in Maryland, the minimum wage is $8.25. Here is the Maryland...
View ArticleMaryland False Claims Act of 2015: State Law Protection for Whistleblowers
The Maryland False Claims Act took effect June 1, 2015. The main provisions of the Act: Prohibit a person from knowingly making a false or fraudulent claim for payment or approval by the government;...
View ArticleMaryland Paid Sick Leave Law Vetoed by Govenor Hogan - Update - Veto Overridden!
Update - The General Assembly voted to overrider the veto. See this helpful link on Maryland's sick leave law.+++++++++++++++++++++++++++++++++++On May 25, 2017, Governor Hogan vetoed the "Maryland...
View ArticleMaryland Misclassification Cases Often Start with a Claim for Unemployment
Where can Maryland employees misclassified as independent contractors go to file a claim? The unemployment office is one place they can go (after they are terminated from the job).Maryland's...
View ArticleCan Severance Pay Be a "Wage" under the Maryland Wage Payment and Collection...
Severance pay falls into two legal baskets under Maryland law.Severance pay earned for an employee's labor or work. Severance pay awarded in exchange for something other than work, most commonly in...
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James Edward Rubin - jrubin@rubinemploymentlaw.com- (301) 760-7914
James E. Rubin is the founding partner of The Rubin Employment Law Firm, P.C. Before founding the firm, Mr. Rubin was a partner in a labor and employment boutique, where he managed the firm's...
View ArticleMaryland Non-Compete Agreement Unenforceable As Applied to Salespeople...
Here, the Maryland Court of Special Appeals held that a company's non-compete agreement was unenforceable as it applied to two salespeople. The Court reasoned that because the sales at issue "were...
View ArticleChoice of Law Provision Likely Unenforceable If It Causes a Maryland Employee...
Choice of Law provisions are common in employment contracts and pay plans. They state that the parties choose that a certain state's law (i.e., New York, New Jersey) will apply should there ever be a...
View ArticleHiring An Employment Attorney
If you are searching for an employment attorney, you most likely have come across lawyer marketing material. These materials include pay-per-click ads, videos, testimonials, and websites. The...
View ArticleCosts To Defend Against Alleged Non-Compete Violations Often Drive Employee...
I have reviewed many, many non-compete agreements over the course of my career. A very large portion of them are likely unenforceable under existing Maryland law. The agreements are overbroad, do not...
View ArticleMaryland's “Disclosing Sexual Harassment in the Workplace Act of 2018"
Maryland has a new law effective October 1, 2018, called the Disclosing Sexual Harassment in the Workplace Act. One of the Act's main provisions says this:Except as prohibited by federal law, a...
View ArticleNew Maryland Law Makes General Contractors Liable for Unpaid Wages Owed by...
As of October 1, 2018, under a new law, general contractors in the construction industry are liable for wage theft by their sub-contractors. General contractors are liable regardless of whether they...
View ArticleVarying Independent Contractor Tests Apply to Maryland Employees
Employees in Maryland enjoy our broad array of worker protection statutes. Employees may qualify for sick leave and parental leave. They can sue for overtime and lost wages (and may be eligible for...
View ArticleLaw Limiting Non-Compete Agreements in Maryland to Take Effect October 1, 2019
The Maryland General Assembly passed a law rendering unenforceable non-compete agreement as applied to certain lower wage employees. The law renders void non-compete agreements that attempt to...
View ArticleNew Maryland Law Broadens Protections Against Workplace Harrassment
A new law, that takes effect October 1, 2019, expands the protections Marylanders have against workplace harassment. The new law:Allows independent contractors to claim workplace harassment.Extends...
View ArticleTwo Maryland Non-Compete Clauses And A Magic Blue Pencil.
Aerotek filed suit in Maryland against a former employee alleging she violated a non-compete agreement. Aerotek v. Obercian, 377 F. Supp. 3d 539 (D. Md. 2019). The employee had significant customer...
View ArticleThe Long Arms of the Maryland Wage Payment and Collection Law
The Maryland Wage Payment and Collection Law is worker protection statute. It requires the payment of earned wages. If an employer does not pay, the employee can collect triple damages if he or she...
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