In Maryland, non-compete agreements are enforceable if the agreements are reasonable. However, if the scope and/or duration are unreasonable or the non-compete agreement causes an undue hardship on the employee, the agreement may be unenforceable.
The U.S. District Court for the District of Maryland’s recent decision in Allied Fire Protection, Inc. v. Huy Thai offers an example of an unenforceable non-compete agreement.
There, the employer filed suit to enforce a non-compete agreement that prevented the employee from “engag[ing] in any way business of a similar nature” to the employer’s business, either directly or indirectly, for five years. In response, the employee filed a motion to dismiss the employer’s lawsuit, which the court granted.
The court granted the employee’s motion to dismiss and held that the non-compete agreement was not enforceable.Read More
You ARE entitled to overtime pay if you are paid by the hour and work more than 40 hours in a workweek -- but that may change if a Republican-passed bill in the U.S. House of Representatives becomes law, which it should not!Read More
One of the more misunderstood laws is that through which employers are exempt from paying overtime wages to computer/IT professionals – and, therefore, it is often most abused by some employers.Read More
Technology companies, such as Uber and Lyft, tout the benefits of the “gig economy,” in which workers are designated as independent contractors, not employees. The problem is, independent-contractor status often does not benefit workers.Read More
A recent New York Times expose on Sexual Harassment has confirmed what the attorneys at Lebau & Neuworth have consistently experienced throughout their extended careers: Women regularly fail to report Sexual Harassment in the workplace because of fear of retaliation.Read More
In 2016, Lebau & Neuworth filed a complaint on behalf of a driver who was fired after the employer’s doctor revoked the driver’s U.S. Department of Transportation card after he suffered a stroke. All of the driver’s treating doctors cleared the driver to return to work and to drive trucks, but that did not stop the employer’s doctor, who was not a stroke specialist or certified in occupational medicine, from concluding that the driver was still not fit to drive.Read More
Even if you signed a separation agreement with your former employer, you may still have a case for owed wages, including overtime pay, under Maryland wage laws and/or the federal Fair Labor Standards Act because of a recent Maryland federal court ruling.Read More
Lebau & Neuworth attorneys Richard P. Neuworth and Devan M. Wang were honored with the publishing of two very important articles they co-authored in the 2017 Special Issue of the Trial Reporter, the journal of the Maryland Association for Justice. In each expose, Richard and Devan examine a case vital to the people of the State of Maryland and some of their specific contractual rights regarding personal injury and compensation.Read More
When an employee is wronged by their employee benefit plan, such as a health care plan or life insurance plan, the employee may want to file a lawsuit in state court -- because state laws generally allow for more diverse remedies and greater damages than those allowed for under the federal Employee Retirement Income Security Act of 1974 (“ERISA”). However, employees may not be able to file a lawsuit in state court because ERISA controls, or “preempts,” all state laws to the extent that they relate to employer-sponsored plans.Read More
Change under any new presidential administration can be frightening, especially for people with special needs. But for one particular New York Times contributor who happens to be a woman AND physically disabled, the removal of the Disabilities section of the White House website has her downright terrified.Read More
An independent contractor is generally thought of as someone who is compensated by another party without withholdings and taxes and who also is paid a fixed amount for a specific job or task. Cable TV installers, painters and manual laborers often are paid as independent contractors.Read More