Non-Compete Agreements

Is a non-compete agreement enforceable? In Maryland, if the terms of the non-compete agreement are reasonable then the Court will generally enforce the agreement.  To determine what is reasonable, many factors need to be analyzed.  Such as, what is the duration of the restriction?  What is the geographic scope of the restriction?  What is the scope of work that is being restricted?  If the non-compete is narrowly tailored to protect the legitimate business needs of…
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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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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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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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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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Time to Start Preparing for The New Overtime Regulations

**SEE UPDATED BLOG POSTED DECEMBER 2016** Starting on December 1, 2016, the minimum salary level to qualify for the executive, administrative or professional exemptions (the so called “white collar exemptions”) under the Fair Labor Standards Act (“FLSA”) will increase to $47,476 annually.  This is a big jump from the previous minimum salary level of $23,000 annually.  Put in simple terms, white-collar employees making less than $47,476 will not meet the test for the “white collar…
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