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Employment Law Blogs

Maryland Court Holds a Non-Compete is Unenforceable

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.

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Employer Looses, Must Pay Employees for Short Breaks

An employer refused to pay employees for any breaks lasting more than 90 seconds.

Twice now, this selfish employer lost in court, first before the trial court and just recently before the Third Circuit Court of Appeals.

Employment lawyers have seized on this case, writing blogs on it as if it were some huge, unexpected employer loss.

The U.S. Department of Labor has long held that “[r]est periods of short duration, running from 5 minutes to about 20 minutes … must be counted as hours worked. Compensable time of rest periods may not be offset against other working time such as compensable waiting time or on-call time.”

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Reporting Harassment in the Workplace is Seldom an Easy Thing to Do

The Equal Employment Opportunity Commission, undoubtedly with good intentions, has issued a short web posting: “What to Do if You Believe You Have Been Harassed at Work.”

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Partner Attorney Richard Neuworth Addresses Bar Association on Taxes and Employment Law

Posted on October 23, 2017 in Employment Law, Taxes

Lebau & Neuworth partner attorney Richard Neuworth was recently given the honor of making a presentation on "Taxes and Employment Law" during a conference hosted on October 5 by the Maryland State Bar Association, Labor & Employment Section, at the University of  Baltimore Law School.

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Employees May be Entitled to Pay for Travel Time

If an employee is required to meet at an employer’s place of business to perform job duties before traveling to a jobsite or return there at the end of the day before going home, the employer may have to pay the employee for his or her travel time.

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It is YOUR Duty to Mitigate – And You Could Be Sorry If You Don’t

You could have a rock-solid discrimination, harassment and/or retaliation case,  or even a breach of contract case, and win at trial and (surprise) recover absolutely nothing if you fail to look for another job – what the law calls “mitigate damages.”

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Whistleblower Protections Don't Show Up in The Funny Pages!

Legal protections for Whistleblowers are no laughing matter.

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New Sick And Safe Leave Law is Good News for Employees in Montgomery County

A new law that went into effect in October 2016 requires most employers in Montgomery County to provide earned sick and safe leave to employees for work performed in the county.

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Maryland and Montgomery County Increase Minimum Wage

Maryland’s minimum wage has now been rasied to $9.25 per hour, a 50-cent increase, as part of incremental increases approved in 2014 by Governorner Martni O'Malley to take place over several years. Next year, the minimum wage is set to increase to $10.10 per hour.

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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.

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