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
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.”Read More
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.”Read More
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.Read More
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.”Read More
Legal protections for Whistleblowers are no laughing matter.Read More
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.Read More
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.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