EMPLOYMENT AND LABOR LAW

Transcription

1 EMPLOYMENT AND LABOR LAW At Shulman Rogers, the focus of our employment and labor law attorneys is to help our clients successfully navigate through the increasingly complex and ever-changing landscape of laws affecting their issues. We take a pro-active approach to alerting our clients to changes and developments in the law and advising them how to appropriately adapt to these changes. We also work closely with our clients to identify and solve their workplace concerns and issues before they become disputes. Disputes, unfortunately, do arise, however, and when they do, we vigorously represent clients in resolving those disputes, including in proceedings before local, state and federal administrative agencies and courts. PRACTICE CHAIR Meredith "Merry" Campbell Gregory D. Grant ATTORNEYS John D. Clifford Joy C. Einstein Lawrence J. Eisenberg Stacey L. Schwaber Alexander C. Vincent Our Clients We advise and defend employers of all types and sizes, from large publicly-held companies to family-owned businesses, and from the well-established to early-stage and growing entrepreneurial companies. We are experienced in handling the specific and unique issues that each of these businesses face. Our attorneys make the effort to understand a client s objectives, and work directly with the client to achieve those objectives. Many of our clients have come to us as referrals from existing clients. Our Strategic Location Consistent with our strategic location just outside Washington, D.C., Shulman Rogers has established a reputation for in-depth knowledge of not only federal employment law, but also the laws of Maryland, the District of Columbia and Virginia. Our attorneys have extensive experience practicing before the courts and agencies in those jurisdictions. National and international companies with operations in this region retain us because of our local knowledge and experience; other law firms refer clients or work with us because of these capabilities PARK POTOMAC AVENUE, 6TH FLOOR, POTOMAC, MD T F ShulmanRogers.com

2 Our Cost-Effective Approach Our broad and diverse employment and labor law practice offers the expertise of national or downtown firms but at fees reflective of our suburban location and a practical, cost-effective approach in all that we do, whether in counseling our clients or defending them in litigation. We assign attorneys who have the expertise and experience to handle matters effectively and efficiently. We use technology to reduce the cost of litigation. Counseling, Education and Best Practices We understand that most employers wish to avoid litigation, and we counsel our clients on preventive measures to help minimize the risk of litigation. We offer advice on day-to-day issues arising in the workplace as well as more complex problems. We assist clients in developing and implementing policies, practices and agreements to avoid liability and comply with workplace legal requirements, including handbooks, hiring documents, employment agreements and severance and release agreements. We develop agreements and policies to protect trade secrets and proprietary information and to prevent unfair competition by former employees. We also provide on-site training to management, supervisors and other employees to help protect our clients against liability and exposure to litigation. Litigation Despite preventative practices, litigation is sometimes an unavoidable reality. Our attorneys vigorously represent our clients and actively practice before the federal and state courts and administrative agencies in Maryland, Virginia, and the District of Columbia. Our attorneys counsel clients and litigate issues relating to: Equal employment opportunity, including sexual harassment, discrimination, retaliation, and disability-accommodation Termination of employment, including reductions in force, and wrongful discharge Investigation of and response to harassment claims and other workplace misconduct Wage and hour compliance Federal and state leave requirements Union-related matters before the National Labor Relations Board, including: 1. collective bargaining negotiations

3 2. union organizing campaigns grievance arbitrations picketing strikes unfair labor practice charges Noncompetition, confidentiality, invention and other agreements preventing unfair competition and protecting trade secrets and intellectual property Employment agreements for executives and other key employees and related compensation issues such as stock options and other incentive compensation plans Mergers, acquisitions and business reorganizations Workplace safety compliance under OSHA and other federal and state laws Unique requirements applicable to government contractors, including the Service Contract Act, Drug-Free Workplace Act and Executive Orders EMPLOYMENT LAW ALERTS February 15, 2018: New Maryland Paid Sick Leave Poster Now Available January 22, 2018: Government Shutdown Could Jeopardize FLSA Exempt Status January 16, 2018: Maryland to Require Paid Sick Leave with Senate Veto Override November 14, 2017: The Importance of a Social Media Policy November 9, 2017: Montgomery County Approves $15 Minimum Wage November 7, 2017: Are Your Instructors Paid By The Hour? October 25, 2017: Is Extended FMLA Leave a Reasonable Accommodation Under the ADA? September 25, 2017: CorePower Yoga Pays $1.4M in Class-Action Lawsuit September 22, 2017: Avoiding the COBRA Trap; Increase to Federal Contract Minimum Wage September 7, 2017: Obama Era Overtime Rule Struck Down by Federal Judge July 20, 2017: Liability for FLSA Retaliation Could Be Expanding Beyond Employers July 5, 2017: Maryland & D.C. Minimum Wages Increased July 1st

4 May 4, 2017: What s In A Comma? April 27, 2017: Discrimination Based on Sexual Orientation Prohibited Under Title VII April 10, 2017: Maryland Legislature Passes Paid Sick Leave Bill April 5, 2017: Government Contractors: Fair Pay and Safe Workplaces Executive Order Nullified March 7, 2017: Employers Beware! Subcontracting Without Joint Liability Just Became More Difficult January 18, 2017: Government Contractor Wage Disclosure Obligations, and Federal Agencies Focus on Retaliation PUBLICATIONS Anti-Retaliation: What's the Paradigm? Legal Solutions at Work NEWS Merry Campbell quoted in February issue of What's Working in Human Resources Merry Campbell quoted in November issue of What's Working in Human Resources Merry Campbell quoted in September issue of What's Working in Human Resources Joy Einstein appointed Co-Chair of the Montgomery County Bar Association's Employment Law Section Joy Einstein published in The Advocate: Transformation of LGBT Protections in Employment Law Merry Campbell quoted in January issue of What's Working in Human Resources Merry Campbell quoted in The Washington Post on a significant victory before the National Labor Relations Board Merry Campbell named by Human Resource Executive as one of the Nation's Most Powerful Employment Attorneys of 2015 Merry Campbell quoted in Bloomberg BNA, Daily Labor Report on Noncompetition Agreements Merry Campbell on Fox5 News commenting on Ray Rice and NFL legal issues Advice for Small Employers Drug Testing New Hires

5 6 Things You Need to Know About the Family and Medical Leave Act Temporary Workers: Employ with Caution More Reasons Not to Spy on Potential Hires Facebook Firings: Feds, Managers Navigate 'New Territory' In Employment Court gives claws to cat s paw Recession Causes Rise In Man-On-Man Sexual Harassment Claims EVENTS Greg Grant to present at ADP Employment Roundtable: The ABC's of Discipline & Termination Greg Grant to speak on Knowledge Group contractor classification panel Greg Grant leads session at 2018 Virginia SHRM State Conference Employment Roundtable: Crowdsourcing Answers to Problem HR Situations Employment Roundtable: Employee, Independent Contractor, Temp or Intern What's in a Name and Why Should I Care? Employment Roundtable: Avoiding the Weinstein Effect Protect What You Value (Virginia Society of CPAs: KnowledgeNOW) Employment Roundtable: Election Update: How it will Affect Patient Protection & Affordable Care Act Employment Roundtable: The Hiring Game: Are You In It To Win It? The New FLSA: Critical Legal Essentials Employment Roundtable: Understanding and Complying with Wage and Hour Laws In This Age of Increased Lawsuits and Agency Enforcement Efforts Employment Roundtable: You re Not My Employee, Are You? Expansion of Joint-Employer Liability and What it Means for Your Business Employment Roundtable: Protecting Your Secret Sauce AND Your Chef Employment Roundtable: Things You Should Know To Avoid Human Resource Headaches

6 Facebook, LinkedIn and Twitter - OH MY! A Business Owner's RX for Managing not-so Social Media Employment Roundtable: What To Do When Your Employees Can t or Won t Come To Work CASE STUDIES Collective Bargaining Negotiations Defeat of Union s Attempt To Expand Its Jurisdiction Dismissal of Unfair Labor Practice Charge Successful Counterclaim Against Former Employee Who Sued For Commissions