Shortly after taking office, President Trump swiftly reshaped the Equal Employment Opportunity Commission (EEOC), with changes that were, frankly, anticipated by employment lawyers who have watched the pendulum swing with each new administration. He dismissed the...
To DEI or Not
As you know from previous updates, a Maryland Federal Court enjoined President Trump’s Executive Order attempting to eliminate DEI initiatives. The Fourth Circuit Court of Appeals reversed the injunction for now while the issue continues to play out through the court...
Update on Implementation of Maryland’s FAMLI Law
On February 14, 2025, the Maryland Department of Labor (MD DOL) proposed delaying implementation of the upcoming Family and Medical Leave Insurance (FAMLI) program suggesting that employers and workers need additional time to prepare for the launch. Under the new...
Can I Bring a Family Member or Friend With Me to Meet With My Divorce Lawyer?
Many people would like to bring a family member or friend with them to meet with their divorce lawyer, or potential divorce lawyer. There are many reasons a family member or friend would be helpful: Moral Support. Especially in meeting with a potential divorce lawyer...
When Should I First Consult with a Lawyer About a Divorce?
Answer: Whenever you have questions or concerns. Meeting with a lawyer does not by itself commence any separation or divorce from your spouse. I meet with people who just want to know “what if?” and then return to their marriages. So, you may just be interested in...
Can I End My Residential Lease Early?
Breaking a lease early can be stressful – and potentially expensive. However, in certain situations, tenants may have legal options for terminating a residential lease without facing harsh financial penalties. Whether you’re relocating for work, dealing with unsafe...
How Much Is a Break Worth to You
We get it – lawyers are expensive. This recurring series seeks to help employers and employees in deciding whether calling your lawyer in a certain situation is unnecessary, is dependent on your risk tolerance, or is an absolute must. As an employer, sometimes you...
Because You Won’t Always Be There—Safeguarding the Future of your Special Needs Child or Grandchild
For those with a special needs child or grandchild, taking steps to ensure they have a safe, happy, and healthy future is even more important due to the additional hurdles they may face. To help provide a prosperous future for your special needs child or grandchild,...
How Long Do We Have to Live Apart Before Filing for Divorce?
Question: In Maryland and the District of Columbia, how long do I have to live apart from my spouse before I can file for divorce? Answer: No time at all! You do not need any separation period before you file for divorce. You can file for divorce in Maryland...
Employers: Get Ready For Possible Influx Of Wage Garnishments
After a 5-year hiatus, the U.S. Department of Education reports that it will begin resuming collections of defaulted student loans on May 5, 2025. There are currently about 43 million student loan borrowers in the U.S. who owe about $1.6 trillion. The Department of Ed...
Planning for Children with Disabilities Aging Out of the School System
As children with disabilities approach adulthood, families face a critical transition: the end of services provided through the public school system. Under the Individuals with Disabilities Education Act (IDEA), students with disabilities are entitled to a Free...
Return to Office – or Else?
We get it – lawyers are expensive. This recurring series seeks to help employers and employees in deciding whether calling your lawyer in a certain situation is unnecessary, is dependent on your risk tolerance, or is an absolute must. Being an employment lawyer in...
Does It Matter What Kind of Paid Leave System I Use?
We get it – lawyers are expensive. This recurring series seeks to help employers and employees in deciding whether calling your lawyer in a certain situation is unnecessary, is dependent on your risk tolerance, or is an absolute must. Most employers offer some form of...
How Do I Approach My Fiancé About a Premarital Agreement?
Question: How do I approach my fiancé about a premarital agreement? Short Answer: Carefully. Longer Answer: In an open-ended way before a draft is prepared. The cliché of a coerced and therefore unenforceable premarital agreement is the scenario of the bride at the...
Are You Ready for Maryland’s Ban on Healthcare Non-Competes?
What seemed like a distant threat is now rapidly approaching. On July 1, 2025, certain non-compete agreements for certain healthcare professionals in Maryland will be null and void. The text of the law is here. Let’s take a look at what...
Who Should Own Your Rental and Investment Property – You or Your LLC?
If you are thinking of acquiring, or perhaps already under contract to buy, real property – whether commercial, residential, or mixed – that you will rent out to tenants or otherwise hold for business/investment purposes (and not as your personal or family home), you...
EEO-1 Changes and Portal Deadline Set
EEO-1 reports are annual surveys that employers with 100 or more employees, and federal contractors with 50 or more employees, must submit to the Equal Employment Opportunity Commission (“EEOC”). The EEOC has opened the 2024 EEO-1 data-collection cycle and has set...
What to Do When a Disability Throws Your Estate Plan into Chaos
As poet Robert Burns mused centuries ago, the best-laid plans of mice and men often go awry. Despite thoughtful effort and a concerted strategy, you cannot prepare for every emergency in life. A car accident, sudden illness, workplace injury, or chronic medical...
“So… What Do You Make?” A Singular Question That Can Get Employers in Trouble
Ever been around the table during a job interview and you think this is the perfect candidate. And just then, a colleague on the interview team leans in and asks, “So... what do you currently make?” You freeze and the candidate freezes. Then she answers, “That’s a bit...
A Warning to Nonprofits in this Political Climate
Partisan political activity may jeopardize your tax-exempt status
Getting the Most Value for Your Business
How can you ensure that you’ll receive the highest value for your business when it’s time to sell?
FTC Non-Compete Rule Struck Down – Where Does that Leave Businesses?
A Texas federal court permanently blocked the FTC’s non-compete rule nationwide, but state law restrictions may exist
FYI Employers – Fair Labor Standards Act Changes On the Horizon
A forthcoming FLSA amendment and a pending U.S. Supreme Court case could have major impacts on how and how much employers pay their employees.
Good Contracts Make Good Neighbors
Better to save the handshakes for when your written agreement is signed.
Government Contracting: Easy Teaming Agreement Tips
Given that the Federal Government is the largest consumer of goods and services in the world, spending approximately $500 million annually through contracts and grants, it is no wonder why many contractors look to break into the government market. However, many contractors do not have the resources to win these competitive contracts on their own.
Government Contractor Roundup
A roundup of recent and upcoming legal developments affecting government contractors
Gunther’s Millions Part II: Super Sizing your HR and Corporate Problems
Go ahead, ignore illegal workplace conduct.
Hardhats and Hardheads
EEOC has turned a focus to construction contractors
Have Trust Will Travel
Should you update your Estate Planning Documents when you move?
Have You Banned the Box?
Despite Baltimore City’s ordinance requiring certain questions on employment applications be banned, many employers remain out of compliance.
HELP! My New Employee Just Brought Their Emotional Support Puppy to Work
What should you do when your new employee brings his 100-pound “emotional support” dog to work on his first day?
Hiring White-Collar Workers – Setting Post-Pandemic Expectations
White-collar industries are now implementing longer and more rigorous interview processes, requiring multiple rounds and additional requirements as they focus on hiring for culture and reducing turnover.
Holidays and Setting Expectations
Holiday pay doesn’t have to be a pain.
Hollywood Writers Picket for Guaranteed Work, Residuals and More
The upcoming season of your favorite show could be delayed as the Writers Guild of America strike continues.
FTC Non-Compete Rule Enjoined – What This Means For You
An update on the future of Non-Compete Agreements
From Education to Retirement: Using 529 Plans to Enhance Retirement Planning
Transform your 529 Plan into a tax-free future with Roth IRA rollovers.
Fourth Circuit Overturns West Virginia Transgender Sports Law
This week’s ruling is the latest in a string of victories for those advocating for transgender rights and protections.
Elon Musk Will Fund Legal Bills for Employees “Unfairly Treated” For Twitter Use***
*** Here’s Why He’d Probably Be Wasting His Money
Employment Handbook Redux
Why this recent NLRB decision means that all employers need to thoroughly review and update their employee handbook.
Empowerment Against Hate
New Senate and House Bills allow victims of hate crimes to bring civil action against perpetrators.
Ensuring Certain Employees are Exempt Will Now Cost Employers an Extra $8,320
New minimum salary thresholds for executive, administrative and professional employees to qualify for the “exempt” classification go into effect on July 1st.
Estate Planning: To Update or Not?
One question that clients raise often is when should they revise, update or draft new estate planning documents? The short and simple answer to this query is: whenever you want to make a change.
Estate Planning When You Have A Special Needs Child
How can an individual inherit assets without jeopardizing their eligibility for needs-based government benefits such as Medicaid or SSI?
Every Good House Starts with a Solid Foundation
Structuring your non-profit Board and its processes for optimal results
Evolving Workplace Language: What You Should No Longer Say and Why
Words hold power, and adopting inclusive language fosters a respectful and productive work environment.
“Fall Back” into a Better Routine
Time to think about how you use your time.
Federal Court Suspends Corporate Ownership Reporting Obligations Nationwide
A reporting requirement that applied to all business entities has been suspended
Five Do’s and Don’ts for Single Member LLCs
How to ensure that your Single Member LLC provides the liability limitation you expect.
Force Majeure or Force Minor
Force majeure clauses are contract provisions which generally relieve the parties from any liability in the instance that “an act of God” occurs or circumstances arise that are out of the control of any party involved.
Forget Work-From-Home, There’s a More Desirable Benefit in Town!
Which benefit is more coveted than working from home, unlimited paid time off, or child care assistance?
How Do You Know If Your Employees Are Being Harassed At Work?
The EEOC has proposed new guidance on how to identify, report, and enforce claims of harassment and hostile work environments. What does this mean for employers?
How I Got Rid of the Gas Chamber in Maryland and other execution stories
Following Alabama’s recent use of nitrogen hypoxia, Mark Stichel discusses methods of execution
How Many Employees Do I Need For…?
Thresholds at which your business must comply with various federal laws
Latoya Davis
Creating outside of the B.O.X.
Lawyer Math = It Depends
The math we learned in school doesn’t always apply in the real world
Legal Risks for Campus Protestors
Students facing campus discipline may have fewer rights and face greater risks than those facing criminal prosecution
Life Insurance and Estate Planning: Protecting Your Beneficiaries’ Interests
How to ensure that your beneficiaries receive the benefits from your life insurance
Lisa Garonzik-Bullock
Grounded In The Clouds in Bel Air
Living Next Door to Clark Griswold
What can you do if your neighbor’s holiday decorating goes too far?
Lost Dog: $500,000 Reward (No Questions Asked)
What do a Harrier Jet and a French Bulldog have in common? Truthfully, not much, but the recent drama surrounding Lady Gaga and her stolen dogs can teach us a few things about making false promises to the public.
Love Is Blind – But Are Contestants Employees?
The NLRB argues that contestants on the Love Is Blind reality show are employees.
Make A Will Month
Ensuring that those you love are taken care of when you’re no longer around is less daunting than you think.
Making A Federal Case Out Of It
Who decides whether your case can be filed in federal court or in state court?
Marijuana in the Workplace?
You can get high, just not here.
Maryland Employers Be WARNed – Advance Notice Required if You’re Planning a Reduction in Workforce
Be aware of state and federal laws under the Worker Adjustment and Retraining Notification (WARN) Act.
Maryland Estate Tax Changes Possibly Coming Our Way
Proposed decrease in estate tax exemption could lead to estate tax liability for many Marylanders.
Maryland General Assembly Delays Implementation of Paid Family and Medical Leave Insurance Program
Updated information on when FAMLI will go into effect
Lady Brion
Baltimore Black Arts District Executive Director
Knowing When To Fold
Why Intelligent Clients Consider Settling Lawsuits
Just What is Minimum Wage These Days?
With high schoolers scrambling for summer employment, we are constantly asked about minimum wage and sub-minimum wages applicable to minors. Here is a quick tutorial.
How The Supreme Court’s Decisions in 303 Creative LLC v. Elenis and Groff v. DeJoy Translate to Your Workplace
Examine recent Supreme Court decisions and learn how to balance freedom of expression and religious accommodation.
I Can’t Call My Boss!
Gen-Z doesn’t communicate like its predecessors. What does that mean for employers?
I’m Buying A House – Do I Need An Attorney?
Even when it’s not mandatory, it may be advisable.
Inconvenient Forum: A Good Way To Lose a Lawsuit Before it Starts
Ignoring the forum could cost you a fortune.
Increased Protections for LGBTQ+ Employees in Recent EEOC Guidance
Updated guidance on workplace harassment includes harassment based on sexual orientation and gender identity.
Increased Threshold for IDOT Recordation Tax Deferral Takes Effect in Maryland on July 1, 2024
Substantial transactional cost savings may be available when purchasing or refinancing commercial real estate utilizing an IDOT-secured loan structure.
Inheriting Debt: What Happens When Your Parents Die with Significant Debt?
Are you liable for your deceased father’s credit card bill?
Interviewing: It’s A Lot Like Dating
The months of January and February are the best times of year to look for a job. Companies have new budgets, workers have returned from their holiday vacations and employers have a backlog of hiring that needs to be done. Coincidentally, according to Match. com, this is also a popular time of year for people to be active on online dating sites. The reality is that interviewing for job candidates can feel similar to dating.
IRS Mileage Rate Increase Effective July 1, 2022
In recognition of recent gasoline price increases, the IRS announced a special adjustment effective July 1, 2022, for the final months of 2022
Is an Employee’s Sexual Orientation No Longer a Protected Category in Maryland?
How will the recent Maryland Supreme Court decision impact your workplace policies?
Is Electronic Monitoring Hurting Employees’ Mental Health?
Do you need to monitor employees who work remotely and is there a better alternative?
Jim Harbaugh Goes To Court
A Michigan Fan’s Legal Thoughts on a Football Scandal
Maryland General Assembly Provides New Opportunities and Guidelines for Government Contractors
During the COVID-19 pandemic, State agencies were challenged to acquire pandemic-related resources, including personal protective equipment and COVID-19 test kits. To expedite procurement when needed resources became available, State procurement officers relied more frequently on emergency procurement methods, which lack the procedural safeguards and the normal review required for traditional competitive procurements.
Don’t Let Your Company Party Turn Your Holiday Blue
Ways to make sure that your holiday party doesn’t have unfortunate consequences.
2021 Maryland Law Updates
Updates to Maryland Family Law Chapters 383 and 384 of 2020 made numerous changes to statutory provisions regarding child support obligations which will become effective in July, 2022, including (1) revising the schedule of basic child support obligations used to calculate child support amounts under the State’s child support guidelines; (2) establishing circumstances under which a court is authorized to decline to establish a child support obligation; and (3) requiring a court to take specified actions if there is a dispute as to whether a parent is “voluntarily impoverished.”
Are You Equipped to Accommodate Your Pregnant Employees?
The Pregnant Workers Fairness Act says you should be.
Are Your Employees Taking Summer Vacation?
According to a 2017 survey by Robert Half printed in the April 2018 edition of SHRM’s HR Magazine, 35% of Americans don’t use all of their vacation days. Here are some reasons why:
Are Your Parental Leave Policies the Same for Moms and Dads?
Does your workplace policy provide more time off to a new mom over a new dad? If so, it’s time to revisit your policy to ensure it does not discriminate against new dads.
Aretha Franklin’s Many Holographic Wills: Preserving the Queen of Soul’s Legacy
Why should you not handwrite your Will and keep it under your couch cushions, like Aretha Franklin did?
Attention Employers: Classifying Your Workers In the News Again
The Department of Labor has finalized its guidance to employers on classifying workers as either employees or independent contractors
Attention Employers: New Maryland Law Mandates Employee Retirement Plans
If your company does not have a retirement plan for employees (e.g., 401(k), 403(b), SEP, or Simple IRA), this article is for you.
Avoiding Estate Litigation
Q: My best friend’s mom passed away and her brother is challenging her Will in Court. The situation is very stressful and has torn the family apart. I have three children. How do I prevent a legal dispute when I die?
Ballot Challenges – Don’t Wait, Don’t Walk, Run!
The schedule for ballot challenges is exceptionally fast – Mark Stichel explains why.
Baltimore-Based Company Green JobWorks Ordered to Shell Out the Green
An expensive reminder to all employers that hiring decisions should not be based on an assumption of a candidate’s skill set on the basis of their sex/gender or any other protected characteristic.
Ban on Non-Compete Agreements Amendment Act of 2020
The Ban on Non-Compete Agreements Amendment Act of 2020 (the “Act”) was signed into law on January 11, 2021 by D.C. Mayor Muriel Bowser, and took effect following a thirty-day congressional review period. Washington D.C. joins California and Montana as one of the few jurisdictions with a nearly complete ban on noncompetition provisions applicable to employees.
Seven Tips for Navigating a Customer’s Bankruptcy
How can you protect your rights and interests when your commercial customer files for bankruptcy?
Beating the Heat – Tips to Keep Employees Safe (and Your Company OSHA-Compliant!)
A guide for safeguarding your employees during the summer and implementing effective controls for a safe and productive season.
Becoming an 8(a) Contractor Just Got Personal
The SBA’s 8(a) program for emerging contractors abandons the presumption of disadvantage based on race or national origin and requires approved contractors to provide a statement demonstrating with examples that they have been socially disadvantaged.
Behind the Shield: Some States Enact COVID-19 Liability Immunity Laws to Protect Re-Opening Businesses
A business may provide Personal Protective Equipment (PPE), limit the number of workers in the office, implement more cleanings, mandate masks and social distancing and be thorough in enacting all CDC recommended guidelines.
Arbitration Provisions – What Are They and Why Should I Be Worried?
Why you should read those Terms of Service instead of just clicking “I Agree”.
Arbitration and Mediation Explained in Simple Terms
Dispute resolution outside of the courtroom.
Angela Kidane
From Corporate Disillusionment to the Heart of Baltimore City’s Childcare
2024 Fourth Quarter Check-In for Business Owners
Remember to add these legal requirements to your year-end checklist
3 Simple Tips for Managing Employees with Side Hustles
What should an employer do if they suspect they are not their employee’s one and only?
4 Handy Tips for Employee Handbooks
A well written employee handbook can help your company operate smoothly and efficiently. Here are four ways to improve handbooks for your business!
4 Takeaways From the EEOC’s 2021 Statistics
On March 28, 2022, the U.S. Equal Employment Opportunity Commission (EEOC) released its Annual Performance Report and Enforcement and Litigation Statistics for fiscal year (FY) 2021 (covering October 1, 2020–September 30, 2021).
4 Tips For Running a Purposeful Meeting
Learn how to bring your team together and capture their attention with these four tips to running an efficient meeting.
45 Million Reasons Why You Don’t Treat a Pregnant Employee Differently Because She’s Pregnant
Accommodations may be appropriate, but a mandatory reduction in tasks is not.
5 Tips to Address and Prevent Workplace Violence
Most employers address violent threats on a case-by-case basis without a formal assessment process. While each incident is, sadly, unique, the best time to plan for violence is before it happens. Here are some tips to ready your workplace:
A Few Quick Remarks About “Quick Claim” Deeds (And, For Good Measure, A Few About Quitclaim Deeds Also)
Impress your friends with your knowledge of correct legal terms!
A New (Financial) Hazard For Medical Professionals
A new factor to consider when negotiating hospital employment contracts.
Accommodations Still on the Table in a Post-COVID World
Employers’ ongoing responsibilities and evolving legal considerations in a post-COVID era.
Alert – Corporate Transparency Act
Upcoming Deadline and What You Need to Know
All is Fair in Love and Estates
New Senate Bill permits registered domestic partnerships to have the same effect as marriages.
American Rescue Act Expands FFCRA leave allotment
When the clock struck midnight on December 31, 2020, the Families First Coronavirus Response Act (FFCRA) expired. But, employers are getting another opportunity at assistance. President Biden signed the American Rescue Plan Act of 2021 (ARPA).
An Office Holiday Party? Bah Humbug!
Having fun and remaining professional are not mutually exclusive during the holiday season
Beware of Hiring Tools That Disfavor Disabled Applicants
The EEOC recently issued new guidance aimed at employers to ensure that any hiring tools based on algorithms or artificial intelligence (AI) do not negatively impact applicants with disabilities.
Black Lives Matter and the Workplace in 2024
Are there legal limits on employees expressing support for BLM in the workplace?
Breach of Fiduciary Duty
Gain a greater understanding of what fiduciary duty should be.
Competency Issues: When is it too late to create estate planning documents?
Why it’s important to complete estate planning documents even if you think you don’t need them yet.
*Cough* *Cough* – It’s that “Sick Leave” Time of Year – *Cough* *Cough*
Why employers should encourage the use of sick leave.
D.C. Finalizes Noncompete Law (Again) – Effective October 1, 2022
The modification now allows employers to bar an employee’s use and disclosure of confidential and proprietary information during and after the employee’s employment
Denise Davis
Mathematician and a trailblazer in the fields of systems engineering, cybersecurity, and PKI services
Did President Biden Just Create A Nationwide Ban On Non-Compete Agreements?
The reporting on this issue has been confusing since President Biden signed an Executive Order on July 9th 2021 that addressed everything from airline refunds, to internet access, to importing prescription drugs from Canada. But buried in the Order was a reference to a ban on non-competition agreements.
Do Employee Personality Tests Violate the ADA?
The Americans with Disabilities Act (“ADA”) prohibits medical examinations, including psychological examinations, aimed at uncovering disabilities except in limited circumstances (e.g., law enforcement). Although many private employers seek to implement personality tests to measure potential success, employees have succeeded in their legal challenges to psychological testing.
Do Employees Get Paid Time Off to Vote in Maryland?
With Maryland’s Primary Election Day quickly approaching (Tuesday, July 19, 2022) followed by the General Election Day (Tuesday, November 8, 2022), we thought it was time for a quick reminder about what leave rights your employees have to vote.
Do Employees Who Use Drugs Illegally Have Rights Under the ADA?
What can you do if you suspect that an employee is under the influence of illegal drugs at work?
Do I Owe My Employees Accrued Vacation at Termination?
One of the most common questions employers ask me is – What do I owe my employees in their final paycheck? Employees must be paid for all hours worked, including any overtime pay and earned commissions. But what about accrued vacation or other paid time off (PTO)?
Do I Really Need a Lawyer if… I Want to Terminate an At-Will Employee?
We get it – lawyers are expensive. This recurring series seeks to help employers and employees in deciding whether calling your lawyer in a certain situation is unnecessary, is dependent on your risk tolerance, or is an absolute must.
Do Workplace Wellness Programs Work?
JAMA researchers caution employers to temper expectations about the financial return on investment that wellness programs can deliver in the short term
Does Your Workplace Dress Code Policy Discriminate Against Men?
Many employment handbook policies outline, with great specificity, permissible clothing and grooming policies according to gender. For example, it may be permissible for women to wear open-toe shoes, skirts, dresses, cropped pants, and earrings. On the other hand, men must wear long pants, have short hair, and no earrings. Some argue this may be discriminatory.
DOL Increases its Enforcement Power to Fight Wage Transparency
An upcoming Maryland law makes it illegal to retaliate against employees complaining about violations of various wage laws.
Don’t Let Employee FMLA Abuse Turn You Into A Grinch
FMLA Tips for employers to keep the holidays merry and bright.
College Prep 101: Legal Documents Every College Student Needs
Is your child college bound? Secure their future with important legal documents and insurance – get prepared with RKW!
Children Empowerment
New Maryland Bill brings protections for children more in line with federal standards.
Changes to Virginia’s Overtime Wage Act Take Effect July 1, 2022
On April 11, 2022, Virginia Governor Glenn Youngkin signed HB 1173 into law, replacing various provisions of the Virginia Overtime Wage Act (VOWA) making Virginia law more consistent with the federal Fair Labor Standards Act (FLSA).
Bring Your Own Towel but You Will Still be Taxed
New Senate Bill imposes State sales and use tax on home amenity rental transactions.
Business Development: Taylor Swift Style
What can Taylor Swift teach you about ways to create buzz and grow your business?
Buyer Beware – Small Print Consequences
Why you should always know what’s in the fine print before you sign a contract.
Bylaws and Parliamentary Procedure
Guidance on navigating bylaws and parliamentary procedures for effective decision-making.
Can An Employer Convert a Salaried Employee to an Hourly Status to Address an Attendance Problem?
Advice on resolving workplace attendance woes including converting to hourly, exempt employees, and regaining control.
Can An Employer Fire Someone Who Gives Others “The Ick”?
Or, What It Means to be an At-Will Employee
Can Employers Still Keep Severance a Secret?
A discussion on the impact of the National Labor Relations Board (NLRB) latest decision regarding confidentiality and non-disparagement in severance agreements.
Can My Special Needs Child Inherit My IRA Without Losing Government Benefits?
Q: How can I ensure that my special needs child has use of my IRA funds after my death without disqualifying her from public benefits?
Casting Call: Do You Know Your Estate Planning Cast Of Characters?
Choosing the right person for each role is critical.
CDC Issues New COVID-19 Guidance August 2022
The CDC issued new guidelines to address the ongoing public health threat.
Celebrating Pride Month in the Workplace
Creating safe, inclusive workplaces for the LGBTQ+ community is the right thing to do – and it helps with achieving business objectives
Chadwick Boseman’s Estate and the Perils of Dying Without a Will
Recent news out of this year’s Comic Con in San Diego has led me to consider some important lessons about the need to have an up to date will.
Changes to Minimum Wage: Is the Left Right and the Right Wrong?
The growing disparity in the minimum wage from state to state
Don’t Get Locked In The Gym With Ross and Chandler
In Maryland and DC, forcing automatic renewals of contracts may be a problem.
Strange Bedfellows at the Supreme Court with Potential Real-Life Implications for Corporations
How and why this recent Supreme Court decision means that out-of-state corporations are at risk when they register to do business in Pennsylvania.
The Loss of IP Protection
Steamboat Willie is Steaming into the Public Domain
The NLRB Provides an Unexpected Holiday Gift to Former Employees
The NLRB expands make-whole relief, substantially increasing possible damages awarded against employers.
The Perils of Terminating Underperforming IT or Software Vendors
Beware The Never-Ending IT or Software Contract
The Pitfalls of Joint Bank Accounts
Why you should think twice before adding someone to your bank account.
The Pregnant Workers Fairness Act Is Now In Effect – How Does it Impact Your Business?
72% of working women will become pregnant while employed at some time in their lives. Read what is expected of employees in these situations.
The Psychology Behind the Points: Why Employee Incentive Programs Work
Do you need to monitor employees who work remotely and is there a better alternative?
The Strike Force Has Struck
Prosecutions Begin of COVID-19 Government Relief Improperly Obtained
There Are Perils In Being a Landlord
How a well-written, detailed residential lease agreement protects your interests
There is No Such Thing as a “1099-Employee”
There is no such thing as a “1099-Employee.” It’s a misnomer. A person who works for a company is either an employee (in which case they’re paid pursuant to an IRS Form W-2), or they’re an independent contractor (in which case they’re paid using an IRS Form 1099)....
Three Supreme Court Cases That Could Impact Your Business in 2025
Reverse discrimination, exempt employee questions, and ADA protections post-retirement
TikTok and the Battle for Data Security
TikTok TikTok! Time may be running out for this popular social media app.
“TLDR” Is Not a Good Strategy When it Comes to Commercial Leases
A good commercial lease is a lengthy and detailed document for very good reasons.
To Compete, or Non Compete? Understanding Restrictive Covenants in Employment Agreements
Regardless of whether you are an employer or an employee, understanding restrictive covenants (“non-competes”) is important. Here are some helpful tips and definitions to refer to when contemplating the different types of restrictive covenants one might encounter in employment agreements.
Impact of Trump’s EO Directives on Government Contractors
Tips for becoming compliant with the new anti-DEI EO while remaining faithful to state anti-discrimination laws
The Importance of Having an Exit Plan
8 Reasons to Include Detailed “Buy-Sell” Provisions in your Ownership Agreement
The Foul-Mouthed Birds
Navigating the Debbie Downer Employee
The Form I-9 Verification Process Has Changed, and So Must Your Onboarding Procedure
Have you ever completed remote inspection of I-9 documents for new employees? Do you offer that option to new hires now? In either case, you need to read this.
Subcontracting Tips in Government Contracting
Assuming that the subcontractor was fortunate enough to be on the winning team of a Government Contract, generally the next step is for the parties to enter into a subcontract agreement. Before executing such an agreement, the subcontractor needs to be vigilant and well informed.
Succession – How HBO’s Hit Series Can Provide Cautionary Lessons
Before “Succession” returns for its fourth season, here are some wise considerations for business owners who want to keep it all in the family.
Taking Time to Heal: Modernizing Bereavement Policies
As we emerge from a pandemic that resulted in more than 900,000 deaths (and still counting) in the United States, employers have begun to re-evaluate and expand their bereavement policies.
Talking Harris and Trump at Work
Can employees be fired for expressing their political views?
Telework During Pandemic Does Not Set Precedent
Guidance issued by the Equal Employment Opportunity Commission (EEOC) on Tuesday, September 8, 2020 addressed whether telework was here to stay as a workplace accommodation.
Terminate the Old White Man to Improve a Company’s Diversity Profile? Better Rethink Your DEI Strategy.
Unlawful termination is not the answer to your diversity problem.
Texas Court Strikes Down Increase in FLSA Salary Threshold
What Employers Need To Know
The 2024 Supreme Court Decisions That Will Affect Your Workplace
The impact of several recent Supreme Court decisions could be significant and long-lasting.
The ABCs of Employment Law
A Back-To-School primer on the labor and employment law concepts that every employer should know.
The Barbie and Ken Prenuptial Agreement: Protecting Love and Assets
Wondering if your love will be forever fabulous? Learn how to safeguard your romance with a prenuptial agreement.
The DOL Proposes New Salary Thresholds for Exempt Employees
It’s time to audit your payroll practices.
The Feds Want to Know Who Owns U.S. Businesses Beginning in 2024
Many businesses are subject to this new FinCEN reporting requirement – and the penalty for non-compliance can be steep.
The First Round of Pregnant Workers Fairness Act Lawsuits Is In
All publicity isn’t necessarily good publicity.
The First Things I Look For When A Client Wants To Litigate A Contract
Most people do not look at or skim over the boilerplate at the end of the contract. However, that it the first thing I look for when a client has a contract dispute that he or she wants to litigate.
Trust the Process
One of the unintended consequences as the #MeToo movement has swept across the country, is an occasional rush to judgment by employers who take swift corrective action in terminating the alleged harasser. Recognizing the power of social media and not wanting to obtain unwanted negative social media attention, some employers simply dismiss the alleged harasser relying solely on “at will” hiring policies.
Two Legal Terms That Every Employee and Employer Should Understand: “At-Will” and “Right to Work”
It’s time to demystify employment laws and learn the difference between ‘At Will’ and ‘Right to Work”
Tywanna Taylor
Spearheading a movement for positive change within Baltimore’s minority non-profit community
What’s In a Name?
What to consider when selecting, building and protecting a brand name.
What’s Old is New Again – Time Off for Families is The Growing Benefit
Policies that support working parents and family health attract and retain top talent
When A.I. and Chat GPT Mix with Employment Law
Navigating the A.I. revolution and unleashing potential while upholding workplace compliance.
When Do DEI Policies Become Discriminatory?
Recent Court decisions on DEI Initiatives
When Is Covid-19 A “Disability” Under The ADA: New Guidance From The EEOC
On December 14, 2021, the U.S. Equal Employment Opportunity Commission (EEOC) updated its COVID-19 technical assistance website adding a new section to clarify circumstances under which COVID-19 may be considered a disability under the Americans with Disabilities Act (ADA) and the Rehabilitation Act, triggering certain employers to consider making accommodations. Here is a basic summary:
When Unintended Pictures Could Cost Thousands Of Dollars
Why it may be unwise to use emojis at work
Who you calling a girl?
Why it’s unacceptable to refer to adult women in the workplace (or elsewhere) as “girls”.
Why Your Attorney Needs to Review Your Employee Handbook
Using an off-the-shelf handbook is risky.
“Will” You Be My Valentine?
The best Valentine’s gifts are peace of mind and financial security.
With COVID-19 Cases on the Rise, is Your Workplace COVID Policy Still Enforceable?
COVID is surging again in Maryland – should you update your workplace policy?
Women’s Rights
New Senate Bill will end spousal immunity for rape and sexual offenses.
Would You Consider Adopting a 4-Day Workweek at your Company? What if it Came With a Tax Incentive?
A new bill incentivizes the use of shorter workweeks by public and private employers
Would You Hire #Chipotle #Karen?
An Ohio judge recently sentenced a woman who assaulted a fast food worker to work at a fast food restaurant for two months. Would you hire her?
What’s Going on with Maryland’s Paid Family and Medical Insurance?
What is FAMLI, and when will it go into effect?
What’s Been Happening on the Ground (Rent) in Maryland?
Laws regarding ground rent in Maryland are changing as of July 1, 2023
What You Should Know About the “Augusta Rule”
A homeowner-favorable tax provision that offers a potential “win-win” for small business owners.
Understanding the Difference Between “At-Will” and “Right to Work”
Even the most sophisticated of business leaders sometimes misunderstand and misuse terms the terms “at-will” and “right-to-work” when referring to a person’s employment status. These terms have entirely different meanings.
Upcycling: Environmentally, But Not Legally, Sustainable?
When does upcycling cross the line into infringement?
Update: 4-Day Workweek Proposal Withdrawn in Maryland
An update on the bill proposing a shortened work week for Maryland employees.
Status Update on Employee Non-Competes
The ongoing status of the proposed ban and the court challenges filed to stop it
Wade H. McCree, Jr.
Mark Stichel pays tribute to an African-American legal pioneer.
Wave Goodbye to Noncompetes?
Federal Government Proposes Nationwide Ban
Weed in the Workplace
Adapting to Maryland’s new marijuana legalization, employers and HR personnel face the challenge of adjusting to a shifting landscape.
Weedislation
The Maryland General Assembly continues to work out the kinks surrounding the legalization of cannabis.
Welcome to the Workforce Generation Z!
Starting in 2020, Generation Z will make up 36% of the U.S. workforce.
What an Encounter with the Naked Cowboy Can Teach Us About Management Training
Managers are always company representatives, regardless of whether they are on the clock or off. Decisions made, information shared, actions taken, and even social media posts by the manager may all be attributed to her employer.
What are Ostentatious Earrings?
The other day I was speaking with an acquaintance who works as a tailor at a high end men’s clothing store. Her manager had recently counseled her about the clothing and jewelry she wore to work, basically saying: More clothing, less jewelry. The manager then showed her a copy of the company’s dress code policy which stated, among other things, “No ostentatious earrings.”
What Conditions Can I Put on My Child’s Inheritance?
Estate planning lets you control from beyond the grave who receives your money, when they receive it, and how they may use it.
What does it mean to disinfect the workplace?
As businesses return employees to work, there should be a clear regimen for cleaning work and break areas. This regimen should also be communicated to employees who may have questions about the safety of their work spaces.
What Will Happen To Your IRA When You Pass Away?
Q: I have not designated beneficiaries for my IRA. Why do I need to complete a beneficiary designation form? Won’t it be distributed to my heirs?
Yes, A Single Egregious Racially Offensive Term Can Defeat Summary Judgment
A momentary lapse of judgment, a word said in the heat of the moment – these single incidents can now cause big problems for employers. Employers stand warned: More litigation lay ahead. Two recent decisions by the Second Circuit further outlined what is required to prove a hostile work environment claim under Title VII.
“Stop Putting Coconut Oil On The Dog!”
Dealing with well-intentioned mistakes at work.
Maryland Minimum Wage Increase
The state’s minimum wage increase will go into effect sooner than expected.
New EEOC Posters on Way
The “Know Your Rights” poster just received an update.
New Guidance Emerges From the Acting General Counsel at the NLRB
Multiple Biden-era memoranda have been rescinded.
New Interest In Defamation Litigation
Settlements in high-profile defamation cases spurs renewed interest in defamation litigation, despite the legal hurdles.
New Laws Now in Effect in Maryland & Washington D.C.
Effective Saturday, October 1, several new laws went into effect in Maryland and Washington D.C. Here are a few that impact roadway safety, non-compete agreements, harassment, and paid leave.
New Maryland Legislation Effective October 1, 2023
Major Changes to Gun, Police and Drug Laws
New Names for Maryland Appellate Courts
What does the upcoming constitutional amendment mean for Marylanders?
New Year – New Laws and New Resolutions for Businesses
New Maryland laws and a practical checklist of things businesses should undertake at the beginning of the year
Newly Introduced Legislation Would Allow Transfer-on-Death Deeds in Maryland
What you need to know about this potential new option for passing on real estate to your beneficiaries.
No, I Don’t Represent The “Dark Side”
I assure you, I don’t represent the dark side.
Non-Compete Ban On The Horizon – Maybe?
FAQs on the FTC’s Proposed Rule to Ban Non-compete Clauses
Nonprofits be Forewarned
Potential changes could mean that non-profits will have to pay overtime to some staff who are currently classed as exempt
Not All Court Opinions Are Created Equally
Which opinions cannot be cited in Maryland’s courts, and why?
October 2024 Legal Update: Maryland Paid Family and Medical Leave Insurance Plan (FAMLI)
FAMLI applies to all employers – here’s what you need to know.
Off Again/On Again – The D.C. Non-Compete Act Soon to Take Effect
The revised law, expected to take effect on October 1, 2022, is one of the strictest non-compete laws in the nation.
Neither Picket Sign nor Tweet
Who can control what current and former employees say about their employer?
Navigating an Online Minefield
Steer clear of the business and legal hazards that come with social media.
Must I Still Comply With the Corporate Transparency Act?
A recent Federal Court decision means that some companies may not need to register and comply.
Maryland Paid Family and Medical Leave Insurance (FAMLI) Likely Delayed
What should employers do now?
Maryland’s 2024 Legislative Action on Non-Competes
Major changes to non-compete provisions for veterinary and healthcare professionals in Maryland
Maryland’s New 2024 Expanded Pay Stub Requirements
Your paystubs must be compliant with the new law by October 1st.
Maryland’s New 2024 Wage Transparency Law
Employers must determine good-faith wage range, disclose it in job postings, and keep records demonstrating compliance.
Maryland’s Time to Care Act – Implementation Delayed
Attention employers, Maryland’s new Family Medical Leave Insurance Program will take some more time before it goes into effect.
MBE Empowerment
Maryland passes a few bills making some important changes to the Minority-owned Business Enterprise (MBE) program.
Maryland General Assembly Procurement Law Updates
Don Walsh explains recent legal changes affecting government contractors in Maryland
Medical Employee Agreements with Attorney Stephen Kaufman
Don’t make these mistakes when creating contractual employment agreements. Steve Kaufman has your insights in the Under Pressure: A Medical Podcast by MVS Woundcare and Hyperbarics.
Mental Illness in the Workplace: The Hidden Disability
Join Laura Rubenstein at ImpactHR’s in-person discussion on “Fostering Good Mental Health and Wellness in the Workplace” on Tuesday, October 25
Mind Your State Registration
When did you last review and update your business’s state registration? Failing to do so could prove to be an expensive mistake.
Minimizing the Financial Impact of a Government Shutdown
Six Tips for Government Contractors
Minimizing Workplace Theft
Experts offer the following suggestions for preventing workplace theft:
Minority Business Enterprise Utilization Program
Empowering minority businesses by uniting opportunities for construction contracts in the WSSC MBE utilization program.
Much Needed Financial Assistance for Restaurants, Breweries and Eateries
On March 11, 2021, President Biden signed a $1.9 trillion stimulus package called the American Rescue Plan Act of 2021. The Act provides for additional PPP funding and extends the eligibility of PPP loans to certain non-profits and digital news services. The Act also established the Restaurant Revitalization Fund which provides new funding for all the breweries, restaurants and eateries out there who have been impacted by COVID and the economic downturn.
OK, So How Much Do You Currently Make?
That question is a no-no for Maryland employers who are interviewing and recruiting new workers.
Olympic Promises of Payment for Performance – Enforceable?
Two former footballers have pledged $50,000 per Olympic medal to Team USA Track & Field athletes. Do they legally have to follow through?
On This Veteran’s Day, Consider Protecting Your Family and Assets with Estate Planning
Give yourself and your loved ones the gift of peace of mind by ensuring that your affairs are in order.
Record Increases in 401(k) Contribution Limits Announced
Start planning now – how much can you contribute to your retirement accounts in 2023?
Religious Challenge to Vaccine Mandate Survives Motion to Dismiss
Can employers evaluate the sincerity of the religious beliefs of an employee who requests religious accommodations?
Remember Maryland Employers: You Cannot Ask Candidates about Salary History
The first quarter of the year is typically when companies hire new employees, which is why it’s important to be reminded of the Maryland law that went into effect October 1, 2020. If you’re ready to hire again, be warned: You cannot ask candidates about their salary history.
RTO is the new PTO
Some workers insist on being incentivized to show up. How is your workplace handling returning to the office?
Ruth LaToison Ifill
Leveraging Social Impact Through Business Consulting
Safety First on the Fourth
Fourth of July is upon us, which means it’s time to get your grills and lawn chairs ready for a day of fun.
Shayla Hamlin
A passionate advocate for equity, entrepreneurship, and community well-being and a valuable partner for entrepreneurs.
Shocking Eaters
Maryland will soon require grocery stores and restaurants to maintain an automated external defibrillator accessible to both employees and customers.
Skynet May Not Yet Be A Threat But Complacency Is
Your business needs a policy on the use of AI in the workplace. Here’s why.
Small Business Problems Rarely Differ from Big Business Problems
Often times as a small business grows it runs across several big business problems. One of those is training new managers. Managers are often selected because they were great employees and it’s assumed that great employees will make great managers. However, the managers are often unaware of the laws that can get them and your company in trouble.
So Your “Sick” Employee Is At the Ravens Game…
What do you do when your employee can make it to the Ravens game, but not to work?
Special Approaches to Estate Planning for Blended Families
Complex family structures need tailored estate planning strategies
Still “To Do” in ‘22
Here’s what you need to check off your To-Do list before the end of the year.
Reason 101 for Making Sure You Properly Classify Your Workers
Will using gig workers get you sued?
Re: Once upon a midnight dreary, while I pondered weak and weary – The Mental Health of Your Workforce
One issue which has been a very real recent challenge in workplaces is accommodating mental health concerns. Between the COVID pandemic, political turmoil and recent Supreme Court rulings, employers are faced with employees who are not operating at peak performance and frequently complaining of fatigue, distraction and a bevy of emotional turmoil mirroring symptoms of PTSD or other mental health issues. The question from many employers and HR professionals is “do I have to tolerate this?” There is a practical answer and a legal one.
“One for All and All for One” Lands Employers in Hot Water
Complaints by a single employee may constitute protected group activity.
One in a Million Part 1: Does Art Imitate Life?
Learn the difference between fact and fiction when it comes to Maryland pet trusts in this analysis of Netflix’s gripping, new docuseries Gunther’s Millions.
Oral Agreements Aren’t Worth The Paper They’re Written On
Verbal promises don’t hold up in contracts, learn why it’s important to get it in writing.
Paid Sick Leave Now Mandatory for Maryland Employers
The Maryland Working Families Act is extremely broad and applies to all employers in the state with at least 15 employees, without regard to whether the employees are full-time, part-time, seasonal or temporary.
Paid Time Off is a Gift to be Used
Why your employees aren’t using all of their PTO, and why you should encourage them to take a break.
Peeking Around the Corner is Maryland’s New Paid Sick Leave
Maryland employers, prepare to make contributions to the state’s Time to Care Act (TCA) later this year.
Plaintiff’s Fabricated Email Costs Her
How seriously do the courts take perjury?
Planning for Your Digital Legacy
Why is it important to include your digital assets in your estate plan, and how should you account for them?
Political Talk at Work: Yay! or Nay?
How to stop political discussions disrupting the workplace
Portability: Is It a Good Idea?
My wife passed away earlier this year. We have significant assets. Do I need to file an estate tax return?
Posters at Work? Yes Indeed!
Are the right posters hanging on your workplace walls?
Proposed Independent Contractor Rule
“It depends.” The DOL proposes a return to murkier waters in classifying individuals as independent contractors.
Protecting Domestic Partners in Estate Planning
A recent update to Maryland law makes Maryland one of the few states that legally acknowledges domestic partnerships. How will this affect estate planning?
Protecting Your Family Pet: Pet Trusts
If you know me, I love animals. At a very young age and much to my mother’s dismay, I would smuggle stray cats and dogs into our basement so they could have food and a warm place to stay. So, it shouldn’t be a surprise that I would be a proponent of Pet Trusts.
Protests of Your Mentor Protégé JV Agreement
Agreement Flexibility is Important but Vigilance Over Compliance is Required
Whom Do You Trust to Make Your Financial Decisions?
Do you have a plan for determining who will manage your affairs if you become incapacitated?
Changes in EEOC Guidance: What Employers Need to Know About LGBTQ+ Discrimination Claims
The potential effect of the Executive Order on pending and future claims of discrimination
What Maryland Employers Need To Know About The New FAMLI Program
Starting July 1, 2026, most employees working in Maryland (including for small, large, public, private, for-profit and non-profit businesses) will be permitted to take time away from work to care for themselves or a family member and still be paid up to $1,000 a...
IRS Bumps 2025 Retirement Contribution Limits
Remind your employees to review their 401(k) contributions