Disability Discrimination vs. The Essential Functions of Performing a Job

Posted on February 11, 2019 in Disability Laws, Disabled & Advisability Laws, Discrimination & Harassment, Employee Rights, Employment Law

The Americans with Disabilities Act requires that an employer must provide reasonable accommodations for an employee to perform the essential functions of his or her job. Essential functions of a job are those duties that an employee must be able to perform, with or without reasonable accommodation.

Age Discrimination is Alive and Well

Posted on January 11, 2019 in Discrimination & Harassment, Employee Rights, Employment Law

New data analysis shows that more than half of older U.S. workers are pushed out of longtime jobs before they choose to retire, suffering financial damage that is often irreversible.

You Are Not Disabled Just Because Your Employer Thinks You Are

Posted on January 4, 2019 in Disability Laws, Disabled & Advisability Laws, Employee Rights, Employment Law

One broad protection afforded by the Americans with Disabilities Act is that a worker can be unlawfully discriminated against even if he or she is not actually disabled.

Maryland Workers Freed from Unenforceable Non-Compete

Posted on December 17, 2018 in Employee Rights, Employment Law, Non-compete Agreements

Employer-imposed restrictive covenants can be enforced in Maryland even if the employer terminates the employee, but only if the scope of the non-compete and/or non-solicitation provisions are reasonable.

New Laws Provide Important Protections to Employees in Maryland

Posted on November 6, 2018 in Employee Rights, Employment Law, Maryland Wage Payment and Collection Law, Sexual Harrassment in the Workplace, Wages, Overtime & Commissions

On October 1, 2018, multiple new employment laws went into effect in Maryland, including the General Contractor Liability for Unpaid Wages Act and the Maryland Disclosing Sexual Harassment in the Workplace Act.

Maryland Takes a Step Forward on its Wrongful Discharge Law

Posted on November 2, 2018 in Employee Rights, Employment Law, Wrongful Discharge

A claim for wrongful discharge exists in Maryland, when not based on some statute like an anti-discrimination law, only if a worker can prove that his or her termination violated a clearly stated Maryland public policy and the worker has no other remedy.

Best Lawyers Names Steve Lebau and Richard Neuworth to "Maryland's Best Lawyers"

Posted on October 30, 2018 in Employee Benefits, Employee Rights, Employment Law, Pension & Retirement Benefits, Wages, Overtime & Commissions

Richard Neuworth and Stephen Lebau of Lebau & Neuworth LLC have again been named Best Lawyers in the 2019 edition of "Maryland's Best Lawyers."

EEOC Reports Surge in Sexual Harassment Cases

Posted on October 22, 2018 in Employee Rights, Employment Law, Sexual Harrassment in the Workplace

Nearly $70 million for sexual harassment victims was recovered through administrative enforcement and litigation by the Equal Employment Opportunity Commission (E.E.O.C.) in Fiscal Year (FY) 2018, up from $47.5 million in FY 2017, according to data recently released by the commission.

Job Transfers that Affect Career Opportunities Could be Unlawful Retaliation

Posted on September 21, 2018 in Employee Rights, Employment Law, Workplace Retaliation

Lodging a justified complaint at work should not result in an undesired reaction from an employer, such as being transferred to another department.

Lebau & Neuworth Article in Trial Magazine: ‘Implied’ Fraud Under the FCA

Posted on September 7, 2018 in Employee Rights, Employment Law, False Claims & Whistleblowing

In Universal Health Services, Inc. v. United States ex rel. Escobar, the U.S. Supreme Court resolved a circuit split over whether the False Claims Act (FCA) recognizes only claims for misrepresentations regarding express conditions of payment.