Speaker: “Maryland Human Resource Law: What You Need to Know Now” National Business Institute (July 2024)
Speaker: “New 2023 Vessel Capital Construction Fund,” American Passenger Vessel Association Conference (September 2023)
Speaker: “New 2023 USCG Sexual Harassment Law,” American Passenger Vessel Association Conference (September 2023)
Author: “It's Time to Hang Up the Phone: Stop Texting," FOGHORN Magazine (December 2022)
Author: “PVA Weighs in On Waivers," FOGHORN Magazine (November 2022)
Editor: Maryland Employment Law Letter, Employers Counsel Network (2022-present)
Author: “Tips for Writing Effective Employment Offer Letters," HRLaws (May 2022)
Speaker: “ADA Applications for Website Compliance," National Passenger Vessel Association Annual Meeting (March 2022)
Speaker: “ADA Developments in the Marine Industry," National Passenger Vessel Association Annual Meeting (March 2022)
Author: “Legal Matters: The PVA Legal Hotline at Age 30," FOGHORN Magazine (October 2021)
Speaker: “Mandatory Vaccinations, A Workplace ‘Must’ or Workplace ‘Mistake’?," Passenger Vessel Association, MariTrends Annual Conference (February 2021)
Speaker: “COVID-19 Vaccine: Employer Considerations," Webinar (January 2021)
Author: “Getting Employees Back to the Workplace," FOGHORN Magazine (December 2020)
Speaker: “Employment Law Q & A – Impacts of COVID on Liability," Webinar, Ocean City Chamber of Commerce and Hotel-Motel Restaurant Association (April 2020)
"Employer Perspective - Employee Free Choice Act." Baltimore Hospitality Industry 2010
"The Obama Health Plan - Employer Impact" Passenger Vessel Ass'n 2010
"FMLA Essentials - The New Regulations" HR Institute Master Class 2010
"Offer Letters and Written Employment Agreements" 2008 Employment Law Update 2008
"Unemployment Insurance - Back to Basics" 2007 Employment Law Update
"Employment Record Retention in the Electronic Age" 2006 Employment law Update
Author: "PVA Argues Overtime Case in 1st Circuit Court of Appeals: Participation Termed 'Very Helpful', The Foghorn (January 2005)
Author: "PVA Files AMICUS Brief in Federal Wage/Hour Litigation," The Foghorn (November 2004)
Author: "Documentation and Other Effective Ways to Avoid Liability for Discrimination," Employment Law Strategist (August/September 2004)
Speaker: "After the Accident, 'Right' or 'Wrong' Doesn't Matter," Passenger Vessel Association Convention, New Orleans, LA (2004)
Speaker: "75 Pointers for Negotiating a New Vessel Purchase Agreement," Passenger Vessel Association Convention, New Orleans, LA (2004)
Speaker: "Common Errors in Employee Management for Passenger Vessel Owners," Passenger Vessel Association Original Colonies Region and Great Lakes Meeting, Buffalo, NY (2003)
Speaker: "Effective Ways to Avoid Employment Discrimination Exposure," Passenger Vessel Association Convention, Long Beach, CA (2003)
Speaker: "2002 Legal Developments for PVA Members," Passenger Vessel Association Convention, Long Beach, CA (2003)
Speaker: "Sarbanes-Oxley Act of 2002: Provisions Relevant to CEO Employment," CEO Summitt - Washington, DC (2002)
Author: "Supreme Court OK's Maritime Wage/Hour Decision," The Foghorn (July 2002)
Author: "Exercise Caution Before Hiring Foreign Seasonal Employees," The Foghorn (February 2002)
Speaker: "Commission Agreements and Other Alternatives to Hourly Pay," Whiteford Breakfast Briefing, Baltimore, MD (2002)
Speaker: "Documenting Discipline and Discharge," Passenger Vessel Association Convention, Biloxi, Miss. (2002), Worldwide Employee Benefits Network (2000), Whiteford Employment Law Update, Baltimore, MD (1999)
Speaker: "Defensive Downsizing," Whiteford Breakfast Briefing, Baltimore, MD (2001)
Author: "Caution in Hiring Foreign Seasonal Employees," The Foghorn (March 2001)
Speaker: "Litigating Covenants Not to Compete," Lorman Educational Services, Baltimore, MD (2000)
Author: "Non-Union Employees Ruled to Have Right to Bring Co-Worker to Disciplinary Meetings," The Foghorn (November 2000)
Speaker: "The Family and Medical Leave Act," Maryland CPA Association (2000)
Author: "Marine Employment Safety: OSHA or Coast Guard Jurisdiction," The Foghorn (February 1999)
Speaker: "Sexual Harassment: 1999 Developments," Passenger Vessel Association Convention, Long Beach, CA (1999)
Author: "The ADA: The Tale of Three Boats," The Foghorn (September 1998)
Speaker: "Your Written Employment Documents: Salvation or Suicide?" Whiteford Employment Law Update, Baltimore, MD (1998)
Author: "Employee Terminations: A Navigational Guide," The Foghorn (July 1996)
Author: "Employee Terminations: Reducing Exposure to Suit," The Foghorn (September 1996)
Author: "Employee Terminations: 10 Situations Commonly Leading to Challenge," The Foghorn (October 1996)
Speaker: "15 Common Errors In Employee Management," Passenger Vessel Association Convention (1993)
Speaker: "Employment Law Issues Facing Maryland Employers," Institute of Management Accountants (1993)
Speaker: "The ADA and the Passenger Vessel Industry," Passenger Vessel Association Convention, New Orleans, LA (1992)
Speaker: "Employee Value Systems and Management Goals," Passenger Vessel Association Convention, New Orleans, LA (1992)
Speaker: "Wage and Hour Laws Affecting the Passenger Vessel Industry," Passenger Vessel Association Convention, New Orleans, LA (1992)
Speaker: "Wage and Hour Law Basics," Accounting Firm Seminar (1991)
Speaker: "Workplace Substance Abuse: State and Federal Laws," Maryland State Drug Free Workplace Initiative (1991)
Speaker: "A Guide to Drafting Personnel Policies and Handbooks," Passenger Vessel Association Convention, Boston, Mass. (1990)
Speaker: "An Introduction to Unemployment Law," Printing Industries of Maryland (1990)
ARTICLES
November 14, 2024
The reelection of Donald Trump is expected to bring about significant changes in federal enforcement of employment-related policies. These changes will likely reverse many of the pro-employee initiatives introduced during the Biden administration, as well as significantly impact enforcement priorities. Employers should be prepared for a shift towards more pro-employer policies and adjustments in the regulatory landscape.
September 4, 2024
Many employers may be unaware of the ability to establish Educational Assistance Programs that allow their employees to repay educational loans with pretax dollars. In March 2020, the IRS established the option for employers to include, in a qualifying Educational Assistance Program (see IRS Code Section 127), the ability of employees to pay back their college loans, including principal and interest, with pretax dollars.
July 9, 2024
On July 3, 2024, the United States District Court for the Northern District of Texas, in Ryan, LLC v. Federal Trade Commission, issued a preliminary injunction and ruled it was a substantial probability that the Federal Trade Commission (FTC) lacks authority to issue its April 23, 2024, Final Rule generally nullifying all non-compete provisions, which becomes effective September 4, 2024. The injunction is only a temporary halt, and the Ryan court promised a full decision before August 30, 2024, just a few days before the Rule’s September 4 effective date.
March 6, 2024
On December 26, 2023, the NLRB put into effect sweeping new rules providing unions with a rocket-speed advantage in petitioning for a representation election. The new rules once again collapse the time between the filing of a representation petition for an election (an employee vote whether employees want to be union-represented) and the date an election is conducted.
January 17, 2024
Employment laws seem to be enacted in waves. One year its laws regulating how employers can and cannot react to or control an employee’s use of social media. Then, there is a wave of laws mandating paid sick leave. Of course, there is the evolving wave of laws about facial recognition and data privacy.
October 24, 2023
We’ve seen it happen: an acrimonious termination results in a terminated employee refusing to return a company-issued laptop computer or other electronic device, claiming it contains personal information. In a recent Maryland criminal law case,
State v. McConnell (July 17, 2023), the Maryland Supreme Court gave strong ear to an employee’s claim of privacy entitlement to information stored on a provided laptop, stating that computers “can reveal the sum of an individual’s private life.”
September 5, 2023
On August 30, 2023, the US Department of Labor, Wage and Hour Division, issued a notice of proposed rulemaking increasing the requirements for claiming overtime exemptions for Executive, Administrative and Professional employees, commonly referred to as the “White Collar Overtime Exemptions.” Currently, a White Collar employee can only be overtime-exempt (that is, paid on a flat salary basis without overtime) if the employee performs certain functions requiring judgment and discretion, and is paid at least $684 per week, approximately $35,600 annualized.
February 24, 2023
On February 22nd, the Supreme Court ruled that an executive or managerial employee otherwise qualified to be overtime exempt, lost that exemption if paid on a daily rate basis.
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.”
April 19, 2022
The Offer of Employment letter serves many purposes. The letter must enhance the applicant’s interest in the opportunity and protect the employer against claims that it misrepresented the employment opportunity.
March 28, 2022
Overnight, literally millions of employees became remote workers with employers scrambling just to keep the doors open. There was no time to prepare guidelines describing the expectations and unique challenges of the new remote environment. But there is time now, and the well-advised employer should do so.
October 30, 2020
Around this time of any election year, we encounter employer inquiries as to whether employers have an obligation to provide employees with “voting time leave” and if so, whether that time must be paid.
April 3, 2020
In November 2004, the 748-foot, oil tanker ATHOS I embarked on a 1,900 mile voyage from Puerto Miranda, Venezuela to Paulsboro, New Jersey laden with heavy crude oil. In the final 900 feet of that voyage, as she made her approach to the berth in Paulsboro on the Delaware River, the flukes of an abandoned ship anchor punctured the single-hull of ATHOS I. Approximately 264,000 gallons of cargo spilled into the river.
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 6, 2020
It is so easy to fall into the trap: an employee comes to a member of the Board of Directors with a complaint about some job concern and gets the director to “bite.” Out of an understandable, or even noble, desire to be a fixer, a director may assure the employee that he will address the concern, and take care of it. But is that a good judgment response?
June 7, 2019
The recent news of athletic department recruitment scandals - accepting bribes to gain admissions using dedicated roster spots for non-athletes - and for the practice to so easily escape detection is diagnostic of a greater issue within the results-oriented world of collegiate athletics.
[1] An environment conducive to ethical misconduct may exist where rules are stretched, improprieties are overlooked and whistleblowing only occurs at great personal risk, both for athletic department employees, as well as students. Inadequate oversight of unethical misconduct can result in severe consequences, such as the recent and tragic death of a University of Maryland athlete. In that case, an entire University Board was forced to functionally admit a major athletic program oversight. Schools and universities must take steps now to ensure that oversight of ethical misconduct, particularly in the athletic department, is being handled appropriately.
March 22, 2019
It is an understandable tendency to want one-size-fits-all policies and employment handbook provisions in the workplace, but the virtual workplace modality creates a need to re-examine that tendency. After all, the conditions at play in the virtual workplace involve issues of control and accountability not present when all employees are easily observed and reachable by merely walking the halls.
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.
July 27, 2016
When advising associations on employment policies, I’m often asked, “How long should the probationary period be?” My answer:“It really doesn’t matter,” followed by, “. . . so long as it is actually utilized.” Whether a probationary period is 30 days or 6 months, whatever period is adequate to demonstrate skill acquisition and work habits, the most important issue is whether the employer actually uses the time to review the work and make a reasoned go or no-go forward employment decision. Another comment I hear when defending termination cases is, “That employee should have been terminated long ago.” Typically, the deficiencies leading to termination were observed when the individual was a new employee. Often employers create probationary periods, yet fail to reap the intended benefit.
May 18, 2016
Effective December 1, 2016, the US Department of Labor regulations defining overtime-exemption eligibility requirements will change, with the impact upon employers being that fewer employees may be eligible for payment on a level salary basis for all hours worked – that is, employers may lose their overtime exemption. The new requirements will have a direct impact upon any current salaried employee being paid a salary of less than $913 per week.
August 13, 2014
Recent memoranda issued by the General Counsel of the NLRB’s Operations Management Division make it clear that OSHA, Labor’s Wage and Hour Division, and the NLRB Regional Offices are going to be taking a more coordinated, less compartmentalized approach to addressing workplace complaints. The memoranda also encourage personnel from those agencies to advise claimants about possible claims under other labor laws.
August 3, 2009
On February 17, 2009, President Obama signed the American Recovery and Reinvestment Act of 2009, referred to in the press as the "Economic Stimulus Act." One provision in this Act that has received relatively little publicity is a subsidy for former employees and their dependents who elected, or were offered the opportunity to elect, to continue health insurance coverage following termination of employment.
