Impending FLSA Regulations are On-Hold

In a blog I posted on June 25, 2016, “Time to Start Preparing for The New Overtime Regulations”, I discussed what was slated to become a major change to the Fair Labor Standards Act (FLSA) on December 1, 2016.  Well, not so fast.  Last month, a federal judge in Texas issued a Court Order blocking the implementation of the new regulations which would have increased the minimum salary to $47,476 annually for an employee to…
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What is Therapeutic Visitation?

You may have heard reports about the Brad Pitt and Angelina Jolie divorce and custody case. News sources have reported about domestic violence allegations against Brad Pitt. And it appears that the parties’ negotiated agreement includes therapeutic visitation for Pitt. Therapeutic visitation can be ordered when there is estrangement or alienation between the child and a parent. There are many different reasons why this can happen: parental interference, abuse or other mental health issues which…
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Rock, Paper, Scissors – Arbitration Clauses in Assisted Living Contracts

Many long-term care facilities must eliminate arbitration clauses from resident under a new federal rule.  The rule, which takes effect on November 28, 2016, only applies to facilities that accept Medicare and Medicaid.  However, additional facilities may experience pressure from consumers or state regulators to follow suit. The new rule prohibits all pre-dispute binding arbitration agreements. It was adopted due to concern that individuals moving into senior housing or long-term care facilities may be especially…
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Employment Policies Cannot Prohibit Employees from Discussing their Wages with their Co-Workers

A new Maryland law went into effect on October 1, 2016 that prohibits employers from making pay decisions based upon an employee’s sex or gender indemnity.  In furtherance of the purpose of the newly enacted Maryland Equal Pay for Equal Work Act of 2016 (“Act”), an employer cannot restrict their employees from talking about their salaries.   In particular, an employer is not allowed to prohibit its employees from inquiring about, discussing, or disclosing their wages…
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A “Savings Plan” for Your Records

It is a challenge to declutter and throw things away.  After all, we think that what now looks like clutter may be useful someday. Just as a person might develop a hoarding disorder that interferes with his or her life, a company, also, can fall victim to keeping too many records too long so that they interfere with the company’s business. Records can take over company offices and off-site storage locations when in paper form…
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Re-Visiting The Visitation Schedule

By now, just about everyone is Maryland has heard about (and has opinions about) moving the start of the school year to after Labor Day. If you are a separated parent, this change can wreak havoc on your access schedule. If the schedule change results in shorter or fewer school holidays, it would particularly impact parents who live out of state. This is because it is common for parents who live out of state to…
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Alert! Montgomery County Employers: Required Paid Time-Off Starts on October 1, 2016

The Montgomery County Earned Sick and Safe Leave Law goes into effect on October 1, 2016.  Under this new law, all employers in Montgomery County will be required to implement policies that allow employees to accrue paid time-off to be used under certain circumstances, including but not limited to, (1) when the employee (or his/her family member) is sick, (2) when there is a public health emergency closing the employer’s place of business or schools,…
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The Real Wedding Planning

Many business owners are unaware that their business, regardless of title, can be considered marital property. The law is all about definitions, and marital property in Maryland and DC is defined based on when the property was acquired. Furthermore, “acquired” has a specific definition, that CAN include growth of a pre-marital asset and assets that are paid off with marital funds. Even the income from your business can be marital property even if the business…
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Is Everything Awesome at Your Business?

Watching “The Lego Movie” with my son, I was introduced to a world where “everything was awesome”; people were settled in their routines and were living happy, carefree lives.  In reality, however, behind the scenes, there was an evil plot afoot which, if successful, would destroy their entire world forever on “Taco Tuesday.” Step Outside of Your Comfort Zone It was only when Emmet, who seems to be an ordinary guy, steps outside of his…
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Time for Employers to Amend their Confidentiality and Non-Compete Agreements

With the recent passage of the Defense of Trade Secrets Act (DTSA), all employers need to take another look at their confidentiality and non-compete agreements.  On the one hand, the DTSA now provides a federal cause of action for misappropriation of trade secret claims with more equitable relief along with compensatory damages, punitive damages, and attorney’s fees.  On the other hand, it grants immunity to employees (and contractors) who make a disclosure of a trade…
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