Presenter, "Employment Law Update," LeadingAge Maryland and LeadingAge DC Annual Conference, May 2023
Author, “Maryland joins growing list of states with paid family leave programs,” Mid-Atlantic Employment Law Letter, June 2022
Presenter, "Employment Law Update," LeadingAge Maryland and LeadingAge DC Annual Conference, May 2022
Quoted, "Review of Pay Practices Advised Regardless of Paycheck Fairness Act’s Fate," HR Daily Advisor, April 2021
Presenter, "Reentering the Workplace: COVID Concerns for Employers," Chesapeake Gateway Chamber of Commerce, Webinar, March 2021
Co-Presenter, "Reconstituting the Workforce," Fort Meade Alliance - Meade Business Connect Meet-Up, Virtual, October 2020
Co-Presenter, "Employment Law Update: Where we are now, eight months since the lockdowns," LeadingAge Maryland & DC Annual Conference, Virtual, October 2020
Co-Presenter, "COVID-19 and your dental/dental specialty office," Webinar, DMV Dentists, April 2020
Co-Presenter, "COVIDCOVID-19 Impacts on the Fort Meade Region,” Webinar, Fort Meade Alliance, March 2020
Presenter, "New federal overtime regulations take effect January 1st: what employers need to know," Webinar, December 2019
Author, “Bringing work home: Employee’s home may be worksite under workers’ comp,” Maryland Employment Law Letter, August 2019
Author, “Baltimore City requires accommodation of breastfeeding employees,” Maryland Employment Law Letter, May 2019
Author, “Exempt or not exempt? The question is more complex than you may think,” Maryland Employment Law Letter, November 2018
Author, “DLLR issues initial guidance on Healthy Working Families Act,” Maryland Employment Law Letter, March 2018
Author, “Court won’t compel arbitration of wage claims based on CBA,” Maryland Employment Law Letter, January 2018
Author, “Annapolis restaurant can’t shift liability for wage claim to manager,” Maryland Employment Law Letter, May 2017
Author, “Asking tipped employees to perform extra duties can stick restaurants with unwanted tab,” Maryland Employment Law Letter, May 2017
Author, “Documenting performance issues saves Maryland employer in retaliation case,” Maryland Employment Law Letter, April 2017
Author, “Maryland contractor case highlights need for clear communication with job candidates,” Maryland Employment Law Letter, October 2016
Author, “Federal court offers lessons on FLSA damages for Maryland employers,” Maryland Employment Law Letter, August 2016
Author, “Maryland court throws out negative reference allegations against Johns Hopkins,” Maryland Employment Law Letter, June 2016
Author, “Court clarifies rule for determining when successor is liable for wages owed by predecessor,” Maryland Employment Law Letter, April 2016
Author, “Court rejects nurse’s FMLA interference and retaliation claims,” Maryland Employment Law Letter, February 2016
Author, “Court sheds light on application of for-cause termination provisions,” Maryland Employment Law Letter, February 2016
Author, “EEOC lawsuit highlights under the radar federal statute,” Maryland Employment Law Letter, January 2016
Author, “NLRB decision highlights hidden risk in confidentiality agreements,” Maryland Employment Law Letter, December 2015
Presenter, FMLA Master Class, BLR – Business & Legal Resources, November 2015
Author, “Court: EEOC should have known case was doomed, must pay employer’s legal fees,” Maryland Employment Law Letter, October 2015
Author, “DOL issues guidance on distinguishing employees from independent contractors,” Maryland Employment Law Letter, August 2015
Presenter, FMLA Master Class, BLR – Business & Legal Resources, March 2015
Presenter, ADA Master Class, BLR – Business & Legal Resources, March 2015
Author, “Maryland Legislature creates new procedure for employees pursuing wage claims,” Maryland Employment Law Letter, October 2013
Author, “Legislature passes bill prohibiting social media password requests,” Maryland Employment Law Letter, May 2012
Author, “Maryland Court of Appeals clarifies scope of wrongful discharge,” Maryland Employment Law Letter, September 2011
Presenter, FMLA Master Class, BLR – Business & Legal Resources, March 2011
Author, “Timely reminder: Failing to pay wages can have personal consequences,” Maryland Employment Law Letter, October 2009
Author, “Noteworthy Recent Decisions of the NLRB," Maryland State Bar Association's Labor and Employment Section Newsletter, Summer 2008
ARTICLES
October 8, 2026
Among the new Maryland statutes that took effect on October 1st is the Maryland Worker Freedom Act. The new law prohibits employers from taking action against employees who refuse to attend or participate in workplace meetings where the employer shares opinions on religious or political matters.
August 6, 2026
A newly published
opinion letter by the Department of Labor has clarified whether employers must pay their hourly employees for time spent commuting between home and work when the employee performs work tasks before leaving home in the morning or after returning home in the evening. According to the DOL, such time will generally be non-compensable: a conclusion that provides greater reassurance to employers considering arrangements under which employees would perform work at home and in the office on the same workday.
June 3, 2026
For the first time in several months, the U.S. Department of Labor has published a new set of opinion letters. Among the issues addressed was an employer’s process for rounding time entries made by employees at the beginning and end of their shifts.
March 19, 2026
The federal statutes prohibiting employment discrimination – such as Title VII of the Civil Rights Act of 1964 and the Age Discrimination in Employment Act – establish specific time periods during which employees must act to timely pursue a claim. In a recent decision, the Fourth Circuit (which encompasses Maryland, North Carolina, South Carolina, Virginia and West Virginia) considered whether an employer and employee could lawfully enter into an agreement that shortens the time in which an employee must file such a claim. The Court concluded that such agreements are not permissible and are contrary to the statutory framework governing claims for discrimination.
January 16, 2026
Since the late 1980s, employers conducting large layoffs have had to seek to ensure compliance with the Worker Adjustment and Training Notification Act (WARN). WARN requires that covered employers – those with at least 100 employees – provide sixty days’ advance notice prior to implementing a plant closing or mass layoff. WARN defines a “plant closing” as a shutdown of a single site of employment or an operating unit within a single site that affects at least 50 employees.
October 22, 2025
With the passage of the Time to Care Act in 2022, Maryland’s General Assembly set the stage for the state’s implementation of a paid family and medical leave program. Employees who need to miss work for a qualifying reason will be able to submit a claim for benefits and recoup a portion of the wages they would have otherwise earned but for the covered leave. The path to the program’s implementation has been a rocky one, with three delays in the timetable for when benefits will become available to employees. As of this writing, payroll tax contributions to fund the program are set to commence on January 1, 2027, with benefits for employees becoming available on January 3, 2028.
August 28, 2025
In 2024, the Supreme Court issued its decision in Muldrow v. City of St. Louis, which arose out of a sex discrimination claim filed by a female police officer. Officer Muldrow was transferred to a different position within the police department after she was replaced by a male employee in a specialized intelligence unit. The City argued the plaintiff could not sustain a claim because she had not suffered a loss in pay or other tangible harm that could be considered an adverse employment action. Although the City had prevailed at the trial and appellate court levels, the Supreme Court reversed those decisions. In the Court’s view, “[a]lthough an employee must show some harm from a forced transfer to prevail in a Title VII suit, she need not show that the injury satisfies a significance test.”
July 2, 2025
The Americans with Disabilities Act (ADA) imposes a general requirement on employers with fifteen or more employees to refrain from discriminating against qualified individuals on the basis of a disability.
May 1, 2025
The start of summer is typically marked by a wave of temporary hirings of students and other new employees, with many summer jobs paying those workers the minimum wage. While a series of increases across recent years have brought the Maryland state minimum wage to $15.00 per hour, employers in two of Maryland’s most heavily populated counties should be aware of local ordinances that require higher hourly wages.
February 27, 2025
A change in presidential administrations generally results in a wide array of new developments for federal agencies. That is particularly true for the National Labor Relations Board, which has broad jurisdiction over union organizing disputes and related labor law issues. The five members of the NLRB are appointed by the President, and thus a change in the party controlling the executive branch is typically followed by a reversal of policy positions reflected in decisions issued while a majority of the Board consisted of members appointed by the prior administration. Because NLRB members are appointed for five-year terms, there is often a delay between the time a new President takes office and when decisions of the Board begin to reflect the change in administration.
December 5, 2024
In 2022, Maryland’s General Assembly passed legislation creating a program of paid family leave for Maryland employees, under which employees who need to miss work for a qualifying reason will be able to submit a claim for benefits and recoup a portion of the wages they would have otherwise earned. Since the paid family leave statute was first passed, its implementation has been delayed by the General Assembly twice. Currently, payroll tax contributions to fund the program are scheduled to begin on July 1, 2025, with benefits becoming available to Maryland employees on July 1, 2026.
September 26, 2024
During this year’s legislative session, the Maryland General Assembly passed new laws requiring employers to disclose certain wage information when posting job openings, as well as requirements to provide existing employees with certain information in pay statements issued with their paychecks. Each of these laws will take effect on October 1, 2024.
July 24, 2024
Most employers are familiar with their obligation to comply with various federal and state employment laws when it comes to management and compensation of their own employees. One often overlooked risk for employers stems from the doctrine of “joint employment,” under which courts and agencies have held that – in certain factual circumstances – a company can be held liable for the employment violations of another business.
July 8, 2024
Earlier this year, the U.S. Department of Labor (“DOL”) issued a final rule modifying the standard for determining whether employees qualify for several key exemptions to the overtime pay requirements set by the Fair Labor Standards Act (“FLSA”).
May 23, 2024
Previous installments of the Employment Law Update have discussed the status of Maryland’s paid family leave program, that will establish a process under which employees, who need to miss work for qualifying reasons, can submit claims to the state government for reimbursement of compensation lost because of their absences. The timetable for implementation of the program – originally created in 2022 – was extended last year under a bill passed by the General Assembly during its 2023 legislative session.
March 27, 2024
As covered in previous installments of the Employment Law Update, Maryland has joined a growing list of states in adopting a paid family leave program. Unlike traditional paid time off that is provided directly by an employer, the paid family leave program will be administered by the state government and will provide a system under which employees can receive reimbursement when they are absent from work for certain qualifying reasons.
January 3, 2024
As the calendar turns to 2024, Maryland employers should begin planning for the implementation of the state’s new paid family leave program.
September 25, 2023
As of July 1st, Maryland law now permits the possession and use of small amounts of marijuana. Unlike some other jurisdictions that have decriminalized marijuana possession, Maryland’s new statute does not directly address the law’s consequences for employers and employees. In the absence of statutory language clarifying the law’s impact on the workplace, many Maryland employers have been left uncertain as to their ability to prohibit, or test for, marijuana use among their employees.
April 8, 2020
In light of the current state of affairs surrounding COVID-19, employers are facing challenges not typically encountered in their day-to-day roles. Our Whiteford professionals have addressed questions for our clients in hopes these answers will assist in easing how to deal with this particularly difficult, ever-changing situation.
March 27, 2020
On Friday, March 27th, the House of Representatives passed the Coronavirus Aid, Relief, and Economic Security (CARES) Act, which was previously passed by the Senate. The wide-ranging statute contains a host of provisions that will be importance to employers, including with respect to low-interest loan programs and other forms of financial relief.
March 18, 2020
On March 18th, the U.S. Senate approved the Families First Coronavirus Response Act, which was recently passed by the House of Representatives. The legislation now awaits signature by the President. Among a host of measures relating to health services and other forms of aid, the Act contains two new laws creating employee leave rights that will apply to a broad spectrum of employers. Under the terms of the new statute, these employee leave provisions will take effect within 15 days of the law being enacted. Below is brief overview of the key provisions of those two components of the Act.
February 9, 2018
In the opening days of the 2018 legislative session, Maryland’s General Assembly overrode Governor Larry Hogan’s veto of the paid sick leave bill passed in 2017. Use of the veto override procedure meant that the law would take effect only 30 days after it was enacted, meaning that the law will become effective on February 11, 2018. During the final days before the law’s effective date, the General Assembly considered a bill to delay its effective date to July 1st, but the legislation appears unlikely to pass in the House of Delegates. As a result, mandatory sick leave will shortly become a reality in Maryland.
January 12, 2018
Following nearly a year of speculation, the Maryland General Assembly has voted to override Governor Larry Hogan’s veto of the paid sick leave bill passed by the General Assembly near the close of last year’s legislative session. The Maryland Healthy Working Families Act (HB 1/SB230) will now take effect in thirty days absent further action by the General Assembly to provide additional time to prepare for its implementation, and will have significant implications for Maryland employers.
August 30, 2013
During the most recent legislative session, the Maryland General Assembly enacted legislation that creates an entirely new procedure by which employees who believe they are due unpaid wages can seek to obtain a lien against their employer for the wage amount. Most significantly, the procedure allows for the entry of a lien prior to a full adjudication in which the employee is obligated to demonstrate the merits of the wage claim. This article examines the new statute, which takes effect October 1, 2013.
May 22, 2013
In a long-awaited decision, the U.S. Court of Appeals for the D.C. Circuit has struck down the National Labor Relations Board’s mandate that all employers covered by the National Labor Relations Act post a notice of employee rights under the law. This article examines the controversy surrounding the Board’s unprecedented posting requirement and the impact of the D.C. Circuit’s decision.
April 26, 2012
In the latest development of the ongoing drama surrounding the National Labor Relations Board’s mandate that all employers covered by the National Labor Relations Act must post a notice of employee rights under the law, the U.S. Court of Appeals for the District of Columbia Circuit has issued an order staying implementation of the posting requirement, which had been set to take effect on April 30, 2012. This article examines the controversy surrounding the posting requirement and the impact of the D.C. Circuit’s decision.
April 26, 2012
During the recently completed legislative session, the Maryland General Assembly became the first state legislature in the country to pass legislation prohibiting employers from requesting access to employees’ and job applicants’ personal computer accounts, most notably Facebook and other social media accounts. This article examines the effects the law will have on how Maryland employers handle hiring decisions and internal investigations.
January 12, 2012
On December 21, the NLRB adopted a final rule implementing certain changes to the procedures governing union elections. While the NLRB has chosen to forego implementation of some of the more controversial proposed rules that had previously been announced, the changes included in the final rule will nevertheless have significant consequences for employers who may be targeted for organizing. This article examines the Board’s final rule and its potential impact for employers.
January 12, 2012
Last August, the National Labor Relations Board issued a regulation requiring that all employers subject to the National Labor Relations Act post a notice advising employees of their right to form unions and engage in other activities protected by the Act. The effective date of the posting requirement was originally set for November 2011, but was later pushed back to January 31, 2012. The NLRB has now further delayed the implementation date to April 30.
October 6, 2011
In the Fall 2011 issue of the Labor & Employment Newsletter, we reported on a rule adopted by the National Labor Relations Board that will require employers to post a written notice of employee rights under the National Labor Relations Act. The rule was scheduled to take effect November 14, 2011. This Alert is to inform you that the NLRB has now postponed the implementation date of the posting requirement to January 31, 2012.
September 26, 2011
Maryland courts have long recognized a common law right of action for employees who allege that they were terminated in violation of a public policy. While the parameters of this cause of action defy easy explanation, the Court of Appeals’ recent decision in Parks v. Alpharma, Inc., sheds some light on just what constitutes the sort of public policy that will support a wrongful discharge claim. This article takes a closer look at the wrongful discharge tort and the Court of Appeals’ most recent attempt to clarify its reach.
September 26, 2011
During its 2011 legislative session, the Maryland Legislature passed the Job Applicant Fairness Act, which was signed into law by Governor O’Malley on April 12. The law imposes significant restrictions on the ability of employers to perform credit checks on job applicants and employees. This article examines the details of the new law, and the likely effects for employers.
September 26, 2011
On August 30, 2011, the National Labor Relations Board issued a final rule that will require covered employers to post and disseminate a notice to employees summarizing the rights protected by the National Labor Relations Act. This article addresses the immediate issues raised by the new requirement, as well as the broader concerns it raises for employers going forward.
NEWSLETTERS
October 4, 2023
Eleventh Circuit Joins Third, Seventh, and Ninth Circuits in Ruling That USERRA Requires Paid Military Leave When Employer Provides Paid Leave For “Comparable” Absences
Change to Maryland’s Cannabis Laws Raises Questions for Employers
An Early Report on How The Supreme Court’s Affirmative Action Admissions Policies Decision Is Impacting The Private Sector
Supreme Court Toughens Standard In Religious Accommodation Cases
The Pregnant Workers Fairness Act: What Employers Should Know
PRESENTATIONS
August 9, 2024
In this webinar, Whiteford’s Labor and Employment Law Partners, Lisa Brauner and David Stevens, along with Eileen Johnson, Co-chair of Whiteford’s Associations & Nonprofit Organizations Section, discussed the significant changes to the salary threshold for salaried exempt employees under the Fair Labor Standards Act (FLSA) following the U.S. Department of Labor's Final Rule issued in April 2024.
December 16, 2019
New regulations governing overtime exemptions under the Fair Labor Standards Act will take effect on January 1, 2020.
January 23, 2019
On January 23, David Stevens and Katelyn Brady presented a webinar addressing the five HR issues that are frequent stumbling blocks for employers seeking to maintain compliance and avoid costly litigation.