Rafiq R. Gharbi
Mr. Gharbi focuses his practice on employment counseling and defense of management against employment claims, including workplace discrimination, unfair labor practices, wage and hour lawsuits, contract disputes, and workplace torts. Mr. Gharbi’s clients seek employment counseling for daily personnel issues, enforcement of employment agreements and covenants, leave issues, discipline, and general personnel questions- oftentimes serving as outside employment counsel for business or supporting their human resource departments. He has experience both in federal and state courts, as well as defending administrative charges before federal, state, and local government agencies including the EEOC, NLRB, Department of Labor.
Mr. Gharbi’s international practice serves clients seeking advice on employing U.S. nationals, navigating the U.S. Visa system for immigrant and non-immigrant workers, and generally advising on compliance with state and federal employment laws.
Mr. Gharbi also represents mosques and is active in Islamic initiatives throughout Maryland. Faith-based organizations, schools, and nonprofits rely on Mr. Gharbi as their general counsel.
Recognitions
- Maryland Rising Stars®, Employment Litigation: Defense (2024)
Memberships & Activities
- Member: Maryland State Bar Association,
- Member: D.C. Bar Association
- Member: Bar Association of Baltimore City; Young Lawyer’s Division Public Service Committee
- Member: Tunisian American Young Professionals
- Member: Salisbury Area Chamber of Commerce Young Professionals
- Member: Islamic Society of Baltimore
Employment Litigation
- Employment and disability discrimination (e.g., under Title VII of the Civil Rights Act (Title VII), the Age Discrimination in Employment Act (ADEA), the Americans With Disabilities Act (ADA), and the Family and Medical Leave Act (FMLA)
- Harassment and retaliation
- Wage and hour violations
- Restrictive covenants, trade secrets and unfair competition
- Plant closings and reductions in force
- Class and collective actions
- Wrongful discharge claims
- Whistleblower claims
- Breach of contract
- Common law claims
Traditional Labor Relations
We represent management in all aspects of traditional labor law under the National Labor Relations Act, in areas such as:
- Collective bargaining
- Grievance and arbitration
- Unfair labor practice charges
- Practice before the National Labor Relations Board (NLRB), public employee relations boards and courts
- Joint labor management committees
- Apprenticeship training programs
- Jointly trusteed benefit plans and withdrawal liability
Employment Counseling
- Regulatory compliance and internal and external investigations under federal, state and local statutes, laws and ordinances, including sexual harassment, whistleblower and retaliation issues
- Workplace policies, practices and procedures, including medical marijuana and drug testing policies
- Employee handbooks and policy manuals
- In–house training
- Affirmative Action Plans and audits
- Wage and hour audits
- Security, risk management and privacy
- Downsizing, mass layoffs and reductions in force
- Non-competition, non-solicitation, non-disclosure and other restrictive covenant agreements to protect against unfair competition
- Employee benefits and executive compensation, including Affordable Care Act compliance consulting
Presenter: "Leading Interviews," Young Professional Leadership Academy of the Solid Waste Association of North America (SWANA), (November 2022)
Author: "How to accommodate Islamic employee prayer breaks," HR Laws (April 2022)
Author: "Workplace Religious Accommodations and Islamic Prayer," Maryland State Bar Association Labor & Employment Newsletter (Winter 2022)
Co-author: "Employees are Requesting Shariah Compliant Investment Options - What Now?," Maryland State Bar Association Labor & Employment Newsletter (Winter 2022)
Co-presenter: "Recent Changes in Federal, Maryland and DC Law," Frederick County Society for Human Resources Management (FCSHRM), Webinar (May 2021)
ARTICLES
Employment Law Update: Workplace Religious Accommodations and Islamic Prayer
Employment Law Update: How Will the NCAA’s Settlement With College Athletes Impact Their Employment Status?
Employment Law Update: EEOC Release Final Rules on Pregnant Workers Fairness Act
Employment Law Update: National Labor Relations Board (NLRB) Rules College Basketball Players Are Employees
Employment Law Update: The Latest on Non-Compete Agreements
Client Alert: Supreme Court Addresses Executive Compensation For Supervisors Paid a Daily Rate
As background, highly compensated employees, those identified as “Executive” or “Administrative” under the Federal Fair Labor Standards Act (“FLSA”), can be overtime exempt if performing certain high level functions, and if paid on a “salaried basis.” At issue, the U.S. Supreme Court addressed whether an individual, otherwise entitled to exempt status, loses that status if paid on a daily pay basis – that is whether daily paid individuals are receiving a “salary.”
Client Alert: FTC Proposes New Rule Prohibiting Non-Compete Agreements
Client Alert: A Gift for NCAA Athletes? The NLRB Finds Merit for Employee-Athletes
Client Alert: Update to DC’s Ban on Non-Competes Takes Effect
Client Alert: Maryland Passes New Paid Family Leave Law
Client Alert: Stay Lifted on OSHA’s Vax or Test Mandate
Client Alert: Forced Bilateral Modifications to Comply with Future Guidance, and Other Strangeness
Workplace Religious Accommodations and Islamic Prayer
D.C. Bans Non-Compete Agreements
NEWSLETTERS
Labor & Employment Newsletter June 2021: Legislative Update
American Rescue Plan Act: Voluntary vs. Required Provisions
Standard Lessened for Actionable Claims of Harassment in Montgomery County
Virginia’s Legislative Update Affecting Employers
D.C. Bans Non-Compete Agreements