New Laws Now in Effect in Maryland & Washington D.C.

October 5, 2022

Marie J. Ignozzi

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.

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Lost Dog: $500,000 Reward (No Questions Asked)

March 2, 2023

Jack Bloomberg

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.

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4 Handy Tips for Employee Handbooks

February 1, 2023

Jack Bloomberg

A well written employee handbook can help your company operate smoothly and efficiently. Here are four ways to improve handbooks for your business!

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Succession – How HBO’s Hit Series Can Provide Cautionary Lessons

January 5, 2023

Jack Bloomberg

Before “Succession” returns for its fourth season, here are some wise considerations for business owners who want to keep it all in the family.

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Attention Employers: New Maryland Law Mandates Employee Retirement Plans

November 17, 2022

Jack Bloomberg

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.

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Getting the Most Value for Your Business

October 12, 2022

Jack Bloomberg

How can you ensure that you'll receive the highest value for your business when it's time to sell?

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Chadwick Boseman’s Estate and the Perils of Dying Without a Will

July 28, 2022

Jack Bloomberg

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.

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To Compete, or Non Compete? Understanding Restrictive Covenants in Employment Agreements

July 20, 2022

Jack Bloomberg

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.

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Estate Planning: To Update or Not?

June 15, 2022

Jack Bloomberg

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.

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Plaintiff's Fabricated Email Costs Her

March 16, 2023

Morgan Dilks

Laura Rubenstein

How seriously do the courts take perjury?

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In Defense of Commercial Landlords

February 8, 2023

Morgan T. Dilks

Check out Morgan's opinion on providing more protections for commercial landlords.

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No Criminal Charges, but Sued Anyway?

December 14, 2022

Morgan T. Dilks

Understanding the difference between the burden of proof in criminal cases vs. civil cases

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Love and Marriage in Your Second Act: 5 Tips to Prepare for Remarriage

December 1, 2022

Morgan T. Dilks

Marriages later in life can sometimes lead to legal complications that may not be factors for marriages between younger individuals. What to consider if you're considering marrying again.

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Penny Wise and Pound Foolish: The Risks of the Free Online Will

October 19, 2022

Morgan T. Dilks

Using a free online will service could cost you a lot of money. Here's why.

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Like Lamar Jackson, We Can All Benefit From Effective Representation

September 14, 2022

Morgan T. Dilks

The two different roles attorneys serve for our clients, and how each contributes to achieving the best outcomes.

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Confusion and Half-Truths Abound: My Hypothesis as to Why The Public is (Temporarily) Paying for Marilyn Mosby’s Expert Witnesses

July 6, 2022

Morgan T. Dilks

If you live in the Baltimore Metro Area, you’d have to be living under a rock to be unaware of the fact that Baltimore City State’s Attorney, Marilyn J. Mosby, has been indicted on perjury charges and faces a jury trial in September of this year. News broke across multiple outlets stating, in so many words, that the taxpayers, not Mrs. Mosby, would be funding experts necessary for Mrs. Mosby’s defense. Expert witnesses retained for trial not only cost money, but they cost a lot of it! It sure seems like a person who is among the top paid public servants in Baltimore should be funding her own defense, doesn’t it? So why...

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Addition by Subtraction: New Federal Law Expands Options to Bring Sexual Assault and Sexual Harassment Claims by Removing Forced Arbitration

April 4, 2022

Morgan T. Dilks

On March 3, 2022, President Biden signed into law the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021 (the “Act”). The Act amends the Federal Arbitration Act and gives individuals asserting claims of sexual assault or sexual harassment under federal, state or tribal law the option to bring those claims in court even if they had previously agreed to arbitration.

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The Internet Will Hear About This!

June 6, 2021

Morgan T. Dilks

A business’ reputation is among its most valuable assets. For many businesses a damaged reputation means a damaged bottom line, which, in the worst cases, can result in the closing of the company. Earning a great reputation takes hard work, but unfortunately, all of that hard work can be eroded with a few keystrokes.

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Employee Retention Tax Credit Update

April 15, 2021

Morgan T. Dilks

On December 20, 2020, Congress passed the Consolidated Appropriations Act of 2021 (“CAA”), which greatly expanded the 2020 ERTC.

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Record Numbers of Fraudulent Unemployment Claims Filed in Maryland Since January 2021

March 10, 2021

Morgan T. Dilks

The Maryland Department of Labor issued a press release on February 11, 2021 confirming that over 156,000 potentially fraudulent unemployment benefit claims were detected since the beginning of this year.

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Food Trucks, Keep on Truckin

September 9, 2020

Morgan T. Dilks

The Maryland Court of Appeals, has decided that a Baltimore City ordinance banning food trucks from operating within 300 feet of brick and mortar competitors does not violate the Constitution of Maryland, or specifically, Article 24 of the Maryland Declaration of Rights.

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New Year, New Beer (Laws)!

January 15, 2020

Morgan T. Dilks

Maryland is home to dozens of craft breweries. Spanning from Cumberland to Ocean City, the Maryland craft beer landscape is beautiful (and an awful lot of fun to navigate). In a state where breweries are thriving, they are about to experience a very positive change in the laws that govern their contractual relationships with distributors.

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The Most Terrifying Ability: Liability

August 21, 2019

Morgan T. Dilks, Esq.

Employers need to know what liability issues they could potentially face, what liability issues they will not be facing, and how to tell the difference between the two.

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Take This Job and Shove It!

August 14, 2019

Morgan T. Dilks, Esq.

What is an employer to do if one of their employees suddenly stops showing up for work with no explanation given?

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Navigating an Online Minefield

March 8, 2023

Marie Ignozzi

Steer clear of the business and legal hazards that come with social media.

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Gunther's Millions Part II: Super Sizing your HR and Corporate Problems

February 24, 2023

Marie Ignozzi

Don Walsh

Go ahead, ignore illegal workplace conduct.

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4 Tips For Running a Purposeful Meeting

February 2, 2023

Marie J. Ignozzi

Laura L. Rubenstein

Learn how to bring your team together and capture their attention with these four tips to running an efficient meeting.

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Holidays and Setting Expectations

December 22, 2022

Marie J. Ignozzi

Holiday pay doesn't have to be a pain.

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Still “To Do” in ‘22

November 17, 2022

Marie J. Ignozzi

Here's what you need to check off your To-Do list before the end of the year.

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Mind Your State Registration

September 7, 2022

Marie J. Ignozzi

When did you last review and update your business's state registration? Failing to do so could prove to be an expensive mistake.

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Taking Time to Heal: Modernizing Bereavement Policies

August 18, 2022

Marie J. Ignozzi

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.

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Safety First on the Fourth

June 30, 2022

Marie J. Ignozzi

Fourth of July is upon us, which means it’s time to get your grills and lawn chairs ready for a day of fun.

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Inconvenient Forum: A Good Way To Lose a Lawsuit Before it Starts

March 28, 2023

Steve Kaufman

Ignoring the forum could cost you a fortune.

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Oral Agreements Aren’t Worth The Paper They’re Written On

March 14, 2023

Stephen H. Kaufman

Verbal promises don't hold up in contracts, learn why it's important to get it in writing.

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Wave Goodbye to Noncompetes?

January 20, 2023

Stephen H. Kaufman

Jack Bloomberg

Federal Government Proposes Nationwide Ban

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New EEOC Posters on Way

October 27, 2022

Stephen H. Kaufman

The "Know Your Rights" poster just received an update.

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Stephen Kaufman will be lecturing at MedChi’s 2022 Annual Meeting

September 21, 2022

Stephen H. Kaufman

Member of the Maryland State Medical Society? Come hear Steve's lecture on Contract Negotiations for Employed Physicians on November 5.

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Medical Employee Agreements with Attorney Stephen Kaufman

July 1, 2022

Stephen H. 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.

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Inheriting Debt: What Happens When Your Parents Die with Significant Debt?

January 25, 2023

Diane S. Kotkin

Are you liable for your deceased father's credit card bill?

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Competency Issues: When is it too late to create estate planning documents?

December 7, 2022

Diane S. Kotkin

Why it's important to complete estate planning documents even if you think you don't need them yet.

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Planning for Your Digital Legacy

November 2, 2022

Diane S. Kotkin

Why is it important to include your digital assets in your estate plan, and how should you account for them?

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Have Trust Will Travel

September 28, 2022

Diane S. Kotkin

Should you update your Estate Planning Documents when you move?

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Protecting Your Family Pet: Pet Trusts

June 15, 2022

Diane S. Kotkin

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.

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Much Needed Financial Assistance for Restaurants, Breweries and Eateries

April 14, 2021

Diane S. Kotkin

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.

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Ban on Non-Compete Agreements Amendment Act of 2020

February 24, 2021

Diane S. Kotkin

Laura L. Rubenstein

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.

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Good Contracts Make Good Neighbors

March 24, 2023

Dave McRae

Better to save the handshakes for when your written agreement is signed.

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What You Should Know About the “Augusta Rule”

February 17, 2023

Dave McRae

Stephen Kaufman

A homeowner-favorable tax provision that offers a potential “win-win” for small business owners.

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A Few Quick Remarks About “Quick Claim” Deeds (And, For Good Measure, A Few About Quitclaim Deeds Also)

January 12, 2023

Dave McRae

Impress your friends with your knowledge of correct legal terms!

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Living Next Door to Clark Griswold

December 22, 2022

Dave McRae

What can you do if your neighbor's holiday decorating goes too far?

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“TLDR” Is Not a Good Strategy When it Comes to Commercial Leases

September 8, 2022

Dave McRae

A good commercial lease is a lengthy and detailed document for very good reasons.

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Update: 4-Day Workweek Proposal Withdrawn in Maryland

March 8, 2023

Laura Rubenstein

An update on the bill proposing a shortened work week for Maryland employees.

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Maryland Employers Be WARNed – Advance Notice Required if You’re Planning a Reduction in Workforce

February 23, 2023

Laura Rubenstein

Be aware of state and federal laws under the Worker Adjustment and Retraining Notification (WARN) Act.

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Would You Consider Adopting a 4-Day Workweek at your Company? What if it Came With a Tax Incentive?

January 25, 2023

Laura L. Rubenstein

A new bill incentivizes the use of shorter workweeks by public and private employers

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Terminate the Old White Man to Improve a Company’s Diversity Profile? Better Rethink Your DEI Strategy.

January 19, 2023

Laura L. Rubenstein

Unlawful termination is not the answer to your diversity problem.

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Record Increases in 401(k) Contribution Limits Announced

November 7, 2022

Laura L. Rubenstein

and Samantha David

Start planning now - how much can you contribute to your retirement accounts in 2023?

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3 Simple Tips for Managing Employees with Side Hustles

October 19, 2022

Laura L. Rubenstein

What should an employer do if they suspect they are not their employee’s one and only?

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Mental Illness in the Workplace: The Hidden Disability

October 12, 2022

Laura L. Rubenstein

Join Laura Rubenstein at ImpactHR's in-person discussion on "Fostering Good Mental Health and Wellness in the Workplace" on Tuesday, October 25

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Join Laura at ImpactHR's impactBreakfast on "Fostering Good Mental Health and Wellness in the Workplace"

September 14, 2022

Laura L. Rubenstein

Join Laura Rubenstein and the rest of the expert panel at ImpactHR's in-person impactBreakfast on "Fostering Good Mental Health and Wellness in the Workplace" on Tuesday, October 25

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D.C. Finalizes Noncompete Law (Again) – Effective October 1, 2022

September 14, 2022

Laura L. Rubenstein

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

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Posters at Work? Yes Indeed!

August 24, 2022

Laura L. Rubenstein

Are the right posters hanging on your workplace walls?

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CDC Issues New COVID-19 Guidance August 2022

August 18, 2022

Laura L. Rubenstein

The CDC issued new guidelines to address the ongoing public health threat.

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Off Again/On Again – The D.C. Non-Compete Act Soon to Take Effect

August 10, 2022

Laura L. Rubenstein

The revised law, expected to take effect on October 1, 2022, is one of the strictest non-compete laws in the nation. 

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What are Ostentatious Earrings?

August 2, 2022

Laura L. Rubenstein

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.”

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Do Employees Get Paid Time Off to Vote in Maryland?

July 6, 2022

Laura L. Rubenstein

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.

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IRS Mileage Rate Increase Effective July 1, 2022

June 29, 2022

Laura L. Rubenstein

In recognition of recent gasoline price increases, the IRS announced a special adjustment effective July 1, 2022, for the final months of 2022

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Just What is Minimum Wage These Days?

June 22, 2022

Laura L. Rubenstein

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.

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OK, So How Much Do You Currently Make?

June 1, 2022

Laura L. Rubenstein

That question is a no-no for Maryland employers who are interviewing and recruiting new workers.

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Changes to Virginia’s Overtime Wage Act Take Effect July 1, 2022

May 25, 2022

Laura L. Rubenstein

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).

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4 Takeaways From the EEOC’s 2021 Statistics

May 18, 2022

Laura L. Rubenstein

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).

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Beware of Hiring Tools That Disfavor Disabled Applicants

May 17, 2022

Laura L. Rubenstein

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.

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Understanding the Difference Between “At-Will” and “Right to Work”

April 7, 2022

Laura L. Rubenstein

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.

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When Is Covid-19 A “Disability” Under The ADA: New Guidance From The EEOC

December 15, 2021

Laura L. Rubenstein

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:

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American Rescue Act Expands FFCRA leave allotment

May 20, 2021

Laura L. Rubenstein

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).

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Behind the Shield: Some States Enact COVID-19 Liability Immunity Laws to Protect Re-Opening Businesses

May 19, 2021

Laura L. Rubenstein

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.

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Are Your Parental Leave Policies the Same for Moms and Dads?

April 21, 2021

Laura L. Rubenstein

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.

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Remember Maryland Employers: You Cannot Ask Candidates about Salary History

February 17, 2021

Laura L. Rubenstein

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.

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Telework During Pandemic Does Not Set Precedent

September 9, 2020

Laura L. Rubenstein

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.

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What does it mean to disinfect the workplace?

August 12, 2020

Laura L. Rubenstein

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.

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HELP! My New Employee Just Brought Their Emotional Support Puppy to Work

March 11, 2020

Laura L. Rubenstein

What should you do when your new employee brings his 100-pound “emotional support” dog to work on his first day?

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Interviewing: It’s A Lot Like Dating

February 13, 2020

Laura L. Rubenstein

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.

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5 Tips to Address and Prevent Workplace Violence

November 21, 2019

Laura L. Rubenstein

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:

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No, I Don’t Represent The “Dark Side”

October 4, 2019

Laura L. Rubenstein

I assure you, I don’t represent the dark side.

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Welcome to the Workforce Generation Z!

September 4, 2019

Laura L. Rubenstein

Starting in 2020, Generation Z will make up 36% of the U.S. workforce.

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Does Your Workplace Dress Code Policy Discriminate Against Men?

August 8, 2019

Laura L. Rubenstein

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.

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Minimizing Workplace Theft

July 17, 2019

Laura L. Rubenstein

Experts offer the following suggestions for preventing workplace theft:

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Do Workplace Wellness Programs Work?

May 1, 2019

Laura L. Rubenstein

JAMA researchers caution employers to temper expectations about the financial return on investment that wellness programs can deliver in the short term

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Are Your Employees Taking Summer Vacation?

June 6, 2018

Laura L. Rubenstein

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:

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Paid Sick Leave Now Mandatory for Maryland Employers

January 17, 2018

Laura L. Rubenstein

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.

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What an Encounter with the Naked Cowboy Can Teach Us About Management Training

November 13, 2017

Laura L. Rubenstein

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.

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Do I Owe My Employees Accrued Vacation at Termination?

September 13, 2017

Laura L. Rubenstein

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)?

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Small Business Problems Rarely Differ from Big Business Problems

July 26, 2017

Laura L. Rubenstein

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.

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Have You Banned the Box?

June 5, 2017

Laura L. Rubenstein,

Despite Baltimore City’s ordinance requiring certain questions on employment applications be banned, many employers remain out of compliance.

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Yes, A Single Egregious Racially Offensive Term Can Defeat Summary Judgment

June 5, 2017

Laura L. Rubenstein

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.

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Making A Federal Case Out Of It

March 16, 2023

Mark Stichel

Who decides whether your case can be filed in federal court or in state court?

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Breach of Fiduciary Duty

February 8, 2023

Mark Stichel

Gain a greater understanding of what fiduciary duty should be.

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Not All Court Opinions Are Created Equally

January 5, 2023

Mark Stichel

Which opinions cannot be cited in Maryland's courts, and why?

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New Names for Maryland Appellate Courts

December 7, 2022

Mark Stichel

What does the upcoming constitutional amendment mean for Marylanders?

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Proposed Independent Contractor Rule

November 2, 2022

Mark Stichel

“It depends.” The DOL proposes a return to murkier waters in classifying individuals as independent contractors.

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The First Things I Look For When A Client Wants To Litigate A Contract

September 28, 2022

Mark Stichel

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.

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Peeking Around the Corner is Maryland's New Paid Sick Leave

March 22, 2023

Don Walsh

Maryland employers, prepare to make contributions to the state's Time to Care Act (TCA) later this year.

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