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Employment Law Blogs

Non-Competes Stink but Can Be Enforced In Maryland

In Maryland, non-competes and non-solicitation provisions can be enforced. However, a Maryland court will not enforce every non-compete and/or non-solicitation agreement. To be enforced: (1) adequate consideration must be present; (2) the restraints are limited in geographic scope and duration to what is reasonably necessary to protect the employer’s business; (3) they do not impose undue hardship on the employees; and (4) they are not against the public interest.

Lebau & Neuworth can provide countless examples in which a client was subject to a clearly overly broad and unduly burdensome restrictive covenant, but still a potential new employer would not hire him or her because the employer did not want to be dragged into litigation. On some occasions, we have been able to negotiate on behalf of our clients with their employers to narrow the scope of the non-compete or non-solicitation provision, allowing our clients to accept new employment, while, providing assurances to the former employer that certain clients or customers will not be contacted and/or solicited. We also have been able to successfully negotiate for severance pay during the term -- or at least part of the term -- of the non-compete and/or non-solicitation agreement.

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Beware: Laws That Will Take Away Your Overtime Pay are In the Works

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!

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Computer Professionals Should Monitor Their Status for Overtime Entitlements

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.

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The ‘Gig Economy’ and Your Wage Rights as an Independent Contractor

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.

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Workplace Sexual Harassment Must be Combated both Before and After it Occurs

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.

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Employers Cannot Escape Discrimination Against Drivers Based On Revocation Of DOT Card

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.

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Maryland Federal Court Holds the Wage Claims Cannot be Released or Waived

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.

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Published Articles by L&N Attorneys Examine Important Workers Compensation and Personal Injury Cases

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.

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State Law Claims Against Benefit Plans May Be Preempted by ERISA

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.

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You May Not Be an Independent Contractor – and May By Eligible for Overtime

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.

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