Lebau & Neuworth LLC is pleased to announce that attorney Stephen B. Lebau has been recognized by Best Lawyers for its 2027 awards in two areas of employment law:

• Employment Law – Individuals
• Litigation – Labor and Employment

This recognition reflects Stephen’s longstanding work representing employees and advocating for their rights in the workplace.

Advocating for Employees in Maryland and Washington, DC

At Lebau & Neuworth LLC, our practice is focused on representing employees in employment law matters throughout Maryland and Washington, DC. Stephen’s recognition in both Employment Law – Individuals and Litigation – Labor and Employment highlights areas that are central to the firm’s work on behalf of employees.

Employment disputes can have significant professional, financial, and personal consequences. Our attorneys work with employees facing a range of workplace issues, providing practical guidance and committed legal representation while helping clients understand their rights and options.

Recognition in Employment Law and Litigation

Recognition by Best Lawyers is particularly meaningful because its awards are based on peer review within the legal profession. Stephen’s inclusion in the 2027 edition recognizes his work in both representing individuals in employment law matters and handling labor and employment litigation.

We are proud to see Stephen recognized for his contributions to these areas of law and congratulate him on this achievement.

About Lebau & Neuworth LLC

Lebau & Neuworth LLC represents employees in employment law matters across Maryland and Washington, DC. Our attorneys are committed to protecting employee rights and helping individuals navigate challenging workplace and employment disputes.

If you can't do your current job because of a disability, your employer can't always stop the conversation there.

In some situations, the Americans with Disabilities Act (ADA) requires employers to look at whether you can perform another available job as a reasonable accommodation. That doesn't mean they have to create a new position or guarantee you a transfer. It does mean they may need to consider reassignment before deciding you can't keep working.

A recent Fourth Circuit decision involving a Maryland employee is a good example of how these situations can play out.

Can My Employer Transfer Me to Another Position?

If you can't perform your current job because of a disability, but you're qualified for another open position, reassignment may be a reasonable accommodation under the ADA.

Whether a transfer is required depends on the facts, including:

• whether there's an open position;
• whether you're qualified for that job;
• whether you can perform its essential duties with or without accommodation; and
• whether the transfer would create an undue hardship for the employer.

The key point is this: the question may become whether you can do another available job, not whether you can still do your old one.

Can My Employer Leave Me on Unpaid Leave Instead?

Not indefinitely. Leave can be a reasonable accommodation if you're expected to recover and return to work. But if your employer knows you can't return to your old position, they shouldn't simply leave you on unpaid leave without considering other available jobs.

What Happened in Dieng v. Orkin?

Ibrahima Dieng worked as a pest control technician for Orkin. After a workplace injury, he was medically cleared to return with permanent lifting restrictions. He could no longer perform the physical demands of his job, so he repeatedly asked about light-duty work and other available positions.

He contacted his manager several times, and his attorney also reached out to the company. No one meaningfully responded to discuss reassignment, and Mr. Dieng remained on unpaid leave for more than a year. The Fourth Circuit ruled that a jury should decide whether Orkin failed to provide a reasonable accommodation by not considering reassignment to another available position.

What Is the Interactive Process?

The ADA expects employers and employees to have a conversation about possible accommodations.

That means discussing work restrictions, available jobs, and whether there's a way for the employee to continue working. An employer doesn't have to approve every request, but simply ignoring an employee or failing to respond isn't the interactive process the ADA requires.

Does My Employer Have to Create a New Job?

No. Employers aren't required to:

• create a new position;
• remove another employee from a job;
• eliminate essential job duties; or
• make accommodations that create an undue hardship.

But if there's an open position the employee is qualified to perform, reassignment may need to be part of the conversation.

What Should I Do If My Employer Ignores My Accommodation Request?

Keep your request in writing whenever possible. Save emails, text messages, medical restrictions, and any responses you receive from your employer. If you ask about another position and don't receive an answer, follow up in writing.

Those records can become important if there's later a dispute about how your employer handled your accommodation request.

Contact Lebau & Neuworth

If your employer ignored your accommodation request, refused to discuss another available position, or kept you on unpaid leave without considering reassignment, contact Lebau & Neuworth.

Our employment lawyers represent employees across Maryland and the DC Metro Area in ADA accommodation and disability discrimination cases. We'll evaluate your situation, answer your questions, and help you decide what to do next.

Losing your job is stressful enough. Then your employer hands you a severance agreement or separation agreement and asks you to sign it quickly so you can receive your severance pay. It's a lot to process during an emotional moment, and many Maryland employees feel pressured to sign without fully understanding what they're agreeing to.

Take a breath. A severance agreement is a legal contract, and you have more options than you might think. At Lebau & Neuworth, we've spent decades helping employees across Maryland review severance agreements, understand their legal rights, and negotiate better outcomes when appropriate. Before you sign anything, here's what you should know.

What Is a Severance Agreement?

A severance agreement is a contract in which your employer offers you something of value, usually a lump-sum payment or continued pay, and sometimes extended benefits, in exchange for giving up certain legal rights. Almost every severance agreement includes a release or waiver stating that you agree not to sue the company for claims related to your employment.

That tradeoff is the heart of the agreement. The severance pay is the benefit you're receiving, while the release of claims is what your employer wants in return. Before accepting an offer, it's important to understand exactly which rights you're giving up.

It's also worth knowing that, in most situations, you are not automatically entitled to severance pay. Maryland is an at-will employment state, and unless your employment contract, offer letter, collective bargaining agreement, or company policy guarantees severance, your employer is generally offering it voluntarily. In many cases, that's because the company wants you to sign a release of potential legal claims.

Should You Sign a Severance Agreement Right Away?

The short answer is no.

You almost never have to sign a severance agreement on the spot. Once you sign and any applicable revocation period expires, the agreement is typically binding. That means you may lose the ability to pursue legal claims you didn't even realize you had.

If you're being pressured to sign immediately, resist the urge to rush. Most employers will allow time for you to review the agreement. If an employer creates unnecessary urgency or threatens to withdraw the offer unless you sign immediately, that's worth taking seriously.

Your Legal Rights Before Signing a Severance Agreement

Federal law provides additional protections for certain employees.

If You're 40 or Older

If you're 40 or older and the agreement asks you to waive age discrimination claims, the Older Workers Benefit Protection Act (OWBPA), which amended the Age Discrimination in Employment Act (ADEA), requires that the agreement:

• Give you at least 21 days to consider the agreement before signing, or at least 45 days if the agreement is part of a group layoff or reduction in force.
• Give you 7 days after signing to revoke your acceptance.
• Advise you in writing to consult an attorney before signing.
• Specifically reference the ADEA rather than broadly waiving "all claims."
• Provide something of value beyond what you're already entitled to receive.

If these requirements are not met, the age discrimination waiver may not be enforceable.

For group layoffs, employers must also provide information about the ages and job titles of employees who were and were not selected for the layoff. That information can sometimes reveal evidence of age discrimination.

If You're Under 40

Even if these federal protections don't apply, you should still review the agreement carefully before signing. Many employers provide employees with time to consider the agreement, and there's rarely any downside to asking for additional time if you need it.

What to Review Before Signing a Severance Agreement

Severance agreements are drafted by your employer's attorneys to protect the company's interests. Before signing, pay close attention to the following provisions.

Severance Pay

Review how much you're being offered, whether you'll receive a lump-sum payment or installments, when payments begin, and whether payment depends on meeting additional conditions.

Release of Claims

Understand exactly which legal claims you're agreeing to waive. Many agreements include broad releases covering wrongful termination, workplace discrimination, retaliation, wage claims, and other employment-related disputes.

Wages and Benefits You've Already Earned

Your final paycheck and earned benefits should not be confused with severance pay.

Under the Maryland Wage Payment and Collection Law, employees are generally entitled to receive wages they've already earned, along with any accrued leave that company policy requires to be paid out. Those payments generally should not depend on signing a severance agreement.

Health Insurance and COBRA

Review whether the agreement addresses continued health insurance coverage and whether your employer will contribute toward COBRA premiums.

Confidentiality and Non-Disparagement Clauses

These provisions may limit what you're allowed to say about your employer or even whether you can discuss the agreement itself. Read these sections carefully and consider whether the restrictions are reasonable. In some situations, employees negotiate mutual non-disparagement provisions that apply to both sides.

Non-Compete and Non-Solicitation Clauses

Some severance agreements contain restrictions on where you can work next or which customers or employees you may contact. These provisions can directly affect your future employment opportunities, so it's important to understand exactly what they require.

References and Rehire Eligibility

Some employees successfully negotiate a neutral employment reference or an agreed-upon explanation for why they left the company. It's also worth reviewing whether the agreement addresses your eligibility for future employment with the organization.

Ongoing Obligations

Many agreements include provisions requiring you to return company property or cooperate with future legal matters involving your former employer. Make sure you understand any responsibilities that continue after your employment ends.

If any part of the agreement is unclear, don't assume it's harmless. Ask questions before signing.

Could Your Legal Claims Be Worth More Than the Severance Offer?

This is where many employees leave money on the table.

If your employer is asking you to sign a severance agreement, it's worth considering whether you may have legal claims that are more valuable than the severance package itself.

Ask yourself questions like:

• Were you treated differently because of your race, sex, age, disability, religion, pregnancy, or another protected characteristic?
• Were you fired after reporting workplace harassment, discrimination, unpaid wages, or safety violations?
• Were you denied overtime pay or other wages you earned?
• Do you believe your termination violated state or federal employment laws?

If any of these situations apply, signing a severance agreement could prevent you from pursuing those claims later. Before giving up those rights, it's worth understanding what your case may be worth.

Can You Negotiate a Severance Agreement?

Many employees assume the first severance offer is final. In reality, severance agreements are often negotiable.

Depending on your circumstances, you may be able to negotiate:

• A larger severance payment.
• Additional weeks of salary continuation.
• Employer contributions toward health insurance.
• A narrower release of legal claims.
• A mutual non-disparagement provision.
• Changes to restrictive non-compete language.
• A neutral employment reference.
• Additional time to review the agreement.

A well-supported request, especially one made through an experienced employment attorney, can often lead to a better outcome.

Don't Miss Important Severance Agreement Deadlines

If you decide the agreement is fair, pay close attention to every deadline.

Keep track of when your review period ends and, if applicable, when the 7-day revocation period expires after signing. Missing a deadline could mean losing the severance offer or your opportunity to change your decision.

As soon as you receive the agreement, make note of every important date.

Speak With a Maryland Employment Lawyer Before Signing a Severance Agreement

A severance agreement may affect your legal rights long after your employment ends. Having an experienced employment lawyer review the agreement can help you understand what you're being asked to give up, identify potential legal claims, and determine whether the terms can be improved through negotiation.

At Lebau & Neuworth, we've represented employees across Maryland and the Washington, D.C. metro area since 1981. We help clients review severance agreements, evaluate potential employment law claims, negotiate stronger severance packages, and protect their rights before they sign.

If you've been presented with a severance agreement, contact Lebau & Neuworth today to schedule a confidential consultation. We'll review the agreement, answer your questions, and help you make an informed decision before you sign.

Being told you need to undergo a fitness-for-duty exam can be stressful. For many employees, it feels less like a routine workplace requirement and more like a threat to their job.

Maybe a supervisor questioned your ability to do your work. Maybe there was a disagreement at the office. Maybe your employer suddenly wants access to your medical information and is demanding that you see a doctor before returning to work.

If you're asking, "Can my employer force me to take a fitness-for-duty exam?" the answer depends on the circumstances.

Federal law places important limits on when employers can require medical examinations, and those protections often apply even if you have never had a disability.

What Is a Fitness-for-Duty Exam?

A fitness-for-duty exam is a medical or psychological evaluation that an employer requires to determine whether an employee can safely and effectively perform their job duties.

Employers sometimes request these evaluations after:

• Workplace incidents
• Safety concerns
• Extended medical leave
• Reports about an employee's behavior
• Questions about an employee's ability to perform essential job functions

The key issue is not whether an employer wants an exam. The question is whether they have a legally valid reason to require one.

When Can an Employer Require a Fitness-for-Duty Exam?

Under the Americans with Disabilities Act (ADA), employers generally cannot require a current employee to undergo a medical examination unless the request is:

• Job-related, and
• Consistent with business necessity

This is an important standard.

An employer should be able to point to a legitimate work-related concern. There must be a reasonable basis for believing that an employee cannot perform essential job duties or may pose a safety risk in the workplace. An employer's curiosity, assumptions, workplace gossip, or generalized concerns are not enough.

Do You Need to Have a Disability to Be Protected?

No.

Many employees assume ADA protections only apply to workers who have disabilities. That's not always the case.

The ADA's restrictions on medical examinations are designed to protect employee privacy and prevent employers from making unnecessary inquiries into a worker's health. That means an employer may violate the law by requiring an improper medical exam even if the employee does not have a disability and has never claimed one.

Can an Unjustified Medical Exam Be Illegal?

Yes.

An improperly required fitness-for-duty exam can be more than just an inconvenience. Under federal law, an unjustified medical examination may itself be considered unlawful discrimination.

If an employee loses pay, benefits, work opportunities, or employment because of an improper medical exam requirement, there may be legal remedies available. Every situation is different, which is why it is important to evaluate the facts carefully and understand whether the employer's actions meet the legal standard required by the ADA.

What Should You Do If Your Employer Orders a Fitness-for-Duty Evaluation?

If your employer tells you to undergo a fitness-for-duty exam, taking the right steps early can make a significant difference.

Ask for the Reason in Writing

Request a written explanation of why the examination is being required.

A legitimate request is often tied to specific job duties, documented concerns, or workplace safety issues. Vague explanations may raise additional questions.

Understand the Scope of the Exam

Ask:

• What is being evaluated?
• Who will conduct the examination?
• Who will receive the results?
• What medical records are being requested?

The scope of the evaluation should relate to the employer's stated concerns.

Review Medical Release Forms Carefully

Do not assume every authorization form is appropriate.

Some employers or providers may request broad access to medical records that extend beyond the purpose of the examination. Make sure you understand exactly what information you are authorizing others to obtain.

Keep Detailed Records

Save emails, letters, forms, and other communications.

Document:

• Dates of conversations
• Names of decision-makers
• Time missed from work
• Lost wages
• Changes to your employment status

These records may become important if a dispute develops later.

Consider Your Options Before Refusing

Many employees want to refuse the examination immediately. While there may be situations where an employer's request is unlawful, refusing outright can sometimes lead to discipline, suspension, or unpaid leave. Before making a decision, it is important to understand your rights and the potential consequences.

What If You Were Placed on Leave or Lost Pay?

Employees are sometimes removed from work while waiting for a fitness-for-duty evaluation or the results of an examination.

If the exam was not legally justified, the financial impact can be significant. Lost wages, lost benefits, and other employment-related damages may become part of a potential legal claim. Determining whether you have a claim depends on the specific facts of your situation, the employer's reasoning, and how the examination process was handled.

Talk With a Maryland Employment Lawyer About Your Rights

If your employer is requiring a fitness-for-duty exam, demanding medical information, or placing your job at risk because of a medical evaluation, it is important to understand your legal options.

The experienced employment attorneys at Lebau & Neuworth represent employees throughout Maryland in workplace disputes involving disability rights, wrongful termination, discrimination, retaliation, and other employment law matters. Our team can evaluate your situation, explain your rights, and help you determine whether your employer's actions comply with federal and state law. Contact Lebau & Neuworth today to schedule a confidential consultation.

A practical, worker-side guide to noncompetes in Maryland and the District of Columbia.

If you live in the D.C. or Maryland area and your employer has just put a noncompete in front of you, the single most important question is not what does it say? — it is which side of the Beltway are you on? Maryland and the District of Columbia have moved to restrict noncompete agreements over the last five years, but they have done so in very different ways, with very different thresholds, and with very different consequences for the worker who reads the fine print too late.

01 — The Federal Backdrop

The FTC ban is gone and almost forgotten.

You may remember the headlines: in April 2024, the Federal Trade Commission issued a sweeping rule banning most noncompetes nationwide. That rule never took effect. The FTC, itself voted to vacate the rule. In February 2026, the FTC formally removed the noncompete rule from its books.

What this means for you: there is no federal noncompete ban. The FTC is not your safety net. Whether your noncompete is enforceable depends almost entirely on the law of your State or the District of Columbia.

02 — Maryland

A patchwork that punches hardest at low wages and direct patient care.

Maryland regulates noncompetes through a statute (Md. Code, Lab. & Empl. § 3-716) layered on top of decades of common-law decisions. There are four buckets to know.

The Low-Wage Worker Ban

Maryland voids any noncompete imposed on an employee earning at or below 150% of the State minimum wage. As Maryland’s minimum wage climbs, so does this ceiling. Because the statute keys off 150% of the State minimum wage, a higher county or local minimum wage (such as Montgomery County’s) does not raise this ceiling.

The Healthcare-Specific Ban (the big 2025 change)

This is the most consequential recent change in Maryland law, and the one most physicians, PAs, nurses, nurse practitioners, dentists, and other clinicians need to understand. House Bill 1388, signed in April 2024, took effect for agreements executed on or after July 1, 2025. It applies to anyone:

• required to be licensed under the Maryland Health Occupations Article, and
• employed in a position that provides direct patient care.

If you earn $350,000 or less in total annual compensation, a noncompete or “conflict of interest” provision in your contract is void. If you earn more than $350,000, your employer can still impose one — but the statute puts a hard ceiling on it: a maximum of 1 year from your last day of employment, and a geographic radius of no more than 10 miles from your primary place of employment. The employer must also notify patients when a healthcare professional affected by these restrictions moves to a new practice location. One critical point of timing: this healthcare ban is not retroactive. It applies only to agreements executed on or after July 1, 2025. If you signed a noncompete before that date, it remains valid (subject to its enforceability) until you sign a new agreement.

The Veterinary Ban

If you are licensed in Maryland as a veterinary practitioner or veterinary technician, noncompetes against you are void regardless of what you earn. This is a flat ban with no compensation carve-out.

Everyone Else: Common-Law Reasonableness

For the rest of the Maryland workforce — sales professionals, executives, middle managers, engineers, marketing staff, and so on — Maryland courts apply a fact-intensive reasonableness test. A court will only enforce a noncompete if it:

• protects a legitimate business interest (trade secrets, client goodwill, confidential information — not just “competition”);
• is no broader than necessary in time, geographic reach, and the activities it restricts;
• does not impose an undue hardship on the employee; and
• is not contrary to public policy.

Maryland follows the blue-pencil doctrine from Holloway v. Faw, Casson & Co., 319 Md. 324, 572 A.2d 510 (1990). Maryland courts take a relatively flexible approach: a judge may not only strike unreasonable language but, in appropriate cases, narrow an overbroad restriction and enforce it as modified. The practical lesson for workers is the opposite of reassuring: an overbroad noncompete will not always fail outright, so do not assume an aggressive clause is automatically unenforceable — have it reviewed before you sign.

03 — The District of Columbia

The stricter framework.

The District of Columbia has the tougher noncompete regime. The current law, the Ban on Non-Compete Agreements Amendment Act of 2020, scaled back and clarified by the 2022 Amendment Act, has been in force since October 1, 2022.

The starting point is a presumption of illegality: D.C. employers may not request or require a “covered employee” to sign a noncompete. A covered employee is essentially anyone who is not a “highly compensated employee” and who either spends more than half of their work time in D.C. or is based in D.C. The thresholds for “highly compensated” are recalculated every January for inflation. For 2026, they are: $162,164 in total annual compensation for most employees, and $270,274 for “medical specialists.”

“Medical specialist” is defined narrowly: a licensed physician who has completed a residency and works for an employer that primarily provides medical services. A staff nurse, a PA, a dentist, or a physician early in residency is not a medical specialist for D.C. purposes, those workers fall under the general $162,164 threshold.

If the noncompete is allowed, it still has to clear five hurdles

Even when your compensation lets your employer use a noncompete, the agreement is unenforceable in D.C. unless it:

1. Specifies the functional scope — which services, roles, industries, or specific competitors you are barred from;
2. Specifies a geographic limit;
3. Lasts no more than 365 days after separation (or 730 days for medical specialists);
4. Is provided to you at least 14 days before you start, or at least 14 days before you are asked to sign if you already work there; and
5. Comes with the District’s required statutory notice of rights.

Two specific D.C. wrinkles to know

Broadcast industry employees cannot be subjected to a noncompete in D.C. at all, regardless of pay.

Anti-moonlighting policies — Your employer telling you that you cannot have a second job while employed there — are regulated separately and require written notice to the employee.

04 — Side by Side

Maryland and D.C., compared.

THE COMPARISON · 2026

	MARYLAND	DISTRICT OF COLUMBIA
Source of law	Statute (§ 3-716) + common law	Statute (D.C. Law 23-209, as amended by D.C. Law 24-175; D.C. Code § 32-581.01 et seq.)
General wage floor below which noncompetes are void	150% of state minimum wage	$162,164 in 2026(rises annually with CPI)
Healthcare carve-out	Direct patient care + license + ≤ $350,000 = void; above = capped at 1 yr / 10 miles	Below $270,274 (medical specialists): void; above: up to 2 yrs with limits
Veterinarians & vet techs	Total ban, any salary	No specific provision
Broadcast employees	No specific rule	Total ban, any salary
Max duration (high earners, non-medical)	"Reasonable" (case-by-case)	1 year, hard cap
Max duration (medical specialists)	1 year (statutory)	2 years (statutory)
14-day advance review period	Not required	Required by statute
Mandatory written notice of rights	Not required (must notify patients when an affected provider moves to a new practice location)	Required (specific statutory language)
Anti-moonlighting policies	Permitted (common-law reasonableness applies)	Permitted only in limited cases, with notice
Non-solicitation & NDAs	Generally allowed if reasonable	Generally allowed; NDAs expressly carved out

05 — What To Do

If a noncompete just landed on your desk.

01.   Don’t sign it yet.

In D.C. the 14-day review window is your legal right. In Maryland there is no statutory window, but ask anyway — refusing a reasonable review period is a tell about how the employer will treat you later.

02.   Map yourself onto the thresholds.

Calculate your total annual compensation, including bonuses, commissions, and (in D.C.) vested equity. Confirm the jurisdiction by where you actually work, not where the company is headquartered.

03.   Read the clause for traps.

A noncompete that says “the United States” or “any business in the same industry” is almost certainly unenforceable in both jurisdictions — but you still want the language fixed before you sign, not after.

04.   Look past the noncompete to the non-solicitation and NDA.

In our experience, these clauses do more damage to mobility than the noncompete itself, and they are far more likely to be enforceable in both Maryland and D.C.

0.4 Get a lawyer to review before you sign — not after.

A review before you sign costs a fraction of what litigating over an unclear clause will cost two years from now. This is true on both sides of the Beltway.

ABOUT LEBAU & NEUWORTH, LLC

Lebau & Neuworth, LLC is an employment law firm representing workers — including physicians, sales professionals, executives, and middle managers — in Maryland and the District of Columbia. We do not represent employers. If you have been asked to sign a noncompete, or you are leaving a job covered by one, we are happy to review your agreement and walk you through your options.

DISCLAIMERThis document is for general informational purposes only and is not legal advice. Reading it does not create an attorney–client relationship. Maryland and District of Columbia noncompete law is complex and fact-specific; the rules summarized here are accurate as of May 2026 but may change, and important details (such as how “total annual compensation” is calculated, whether a particular employee qualifies as a “medical specialist,” and how the District’s “covered employee” geography test applies to hybrid and remote workers) often turn on specifics the law has not fully resolved

What workers in staffing agency and subcontractor jobs should know about joint employer liability

Today, many workers report to one company every day while technically being paid by another. That setup is common in staffing agency jobs, subcontractor arrangements, warehouse work, healthcare staffing, construction, hospitality, and other industries that rely on contract labor.

When unpaid overtime, wage violations, or denied leave happen, companies sometimes try to shift responsibility to each other. One business claims it was “just the staffing agency,” while the other says it did not control the worksite. Under federal employment law, though, more than one company may still be legally responsible.

A proposed rule from the U.S. Department of Labor could create a more uniform standard for determining when businesses qualify as “joint employers” under laws like the Fair Labor Standards Act (FLSA) and the Family and Medical Leave Act (FMLA). For workers across Maryland and the DC metro area, the proposal could directly affect wage claims, overtime disputes, and other workplace protections.

How Joint Employer Liability Works in Staffing and Contract Labor Jobs

Joint employment means that two or more companies can be legally responsible for the same worker at the same time. This issue often comes up when:

• A staffing agency places workers at another company’s facility
• A subcontractor supplies labor for a larger business
• A company outsources parts of its workforce to third-party vendors
• Related businesses share employees or supervision responsibilities

In these situations, investigators and courts look beyond payroll paperwork and job titles to determine who actually controls the work being performed.

The most common situation is called vertical joint employment. This usually involves a staffing agency and the company where the employee actually works each day. Under the proposed rule, the Department of Labor would evaluate factors such as:

• Which company can hire or fire the worker
• Who controls schedules and working conditions
• Which business determines pay rates or payment methods
• Who keeps employment records
• Whether the worker depends economically on the company
• Where the work is being performed and who controls the location

No single factor decides the issue. Instead, the government would examine the full working relationship and how much real-world control each company has over the employee.

Why Day-to-Day Control Matters in Wage and Hour Disputes

One of the biggest takeaways from the proposal is that actual workplace control matters more than labels in a contract.

A company may still face liability if its supervisors direct workers, manage schedules, oversee productivity, or influence workplace conditions on a daily basis. That can be true even if the company tries to distance itself from workers on paper.

For employees dealing with unpaid overtime, denied wages, or leave violations, documentation can become extremely important. Helpful evidence may include:

• Work schedules
• Emails and text messages
• Supervisor instructions
• Timekeeping practices
• Reporting structures at the worksite

The proposal also addresses horizontal joint employment, which can apply when employees work for multiple related companies that share operations, management, or staffing responsibilities.

What the Proposed Department of Labor Rule Could Mean for Maryland Workers

Workers in temporary staffing, warehouse operations, healthcare support, logistics, hospitality, and construction jobs are often affected the most by these employment structures. When companies divide responsibilities between multiple entities, employees may struggle to determine:

• Who owes overtime pay
• Which employer is responsible for leave protections
• Who can be held accountable for labor law violations
• Which company controls workplace policies and schedules

A clearer joint employer standard could make it more difficult for businesses to avoid responsibility by blaming staffing agencies or subcontractors.

The proposed rule is currently in a public comment period through June 22, 2026. Workers, advocates, and employment attorneys still have an opportunity to weigh in before the rule becomes final.

Speak With Baltimore Employment Lawyers About Staffing Agency and Wage Disputes

If you work through a staffing agency, subcontractor, or temporary labor arrangement and believe your rights have been violated, understanding who may be legally responsible is critical.

At Lebau & Neuworth, our employment attorneys represent workers across Maryland and the DC metro area in cases involving unpaid wages, overtime disputes, workplace discrimination, wrongful termination, and other employment law violations.

We understand how complicated employment relationships can become when multiple companies are involved. Our team works to identify who truly controlled the workplace and fight for accountability when employee rights are ignored.