A set of recent decisions by the Maryland Federal Court show when a non-compete lawsuit can be pursued past an initial motion to dismiss.  In Telogis, Inc. v. InSight Mobile Data, Inc., et al. (D. Md. Dec. 19, 2014), the plaintiff Telogis alleged that a former employee competed and solicited clients in violation of his non-compete, and hired other former employees in violation of their non-competes.  Prior to their departure, Telogis was purchasing the company that the

For most for-profit companies, the answer is generally “no.”  In 2010 guidance, the Department of Labor asserted that most such interns are actually employees who should be paid wages.  Since then, unpaid interns have sued several large employers, including NBC Universal Media Inc., Viacom Inc., Sony Corp., and Donna Karan International, Inc., under the Fair Labor Standards Act (FLSA).  In these lawsuits, the interns have claimed that they were actually employees but did not receive the required

The Fourth Circuit recently recognized that an employer’s failure to post the required notice of rights under the Fair Labor Standards Act (FLSA) can extend (or “toll”) an aggrieved employee’s statute of limitations. The case involves an individual from the Philippines, Christina Cruz, who came to the United States to work as a domestic employee for defendants from 2002 until 2008.   She alleges that she worked seven days a week for 18 hours per day,

The U.S. District Court for the Eastern District of Virginia recently denied an employer’s motion for summary judgment on an employee’s claim of retaliation under the Family Medical Leave Act (FMLA).  In a memorandum opinion issued last month in the matter of Osei v. Coastal International Security, Inc. (No. 1:13-cv-01204), Judge Liam O’Grady ruled that the plaintiff, Naomi Osei, was an “eligible employee” under the FMLA, and that there were “sufficient facts in dispute to

No.  The privacy requirements of the Health Insurance Portability and Accountability Act (HIPAA) generally do not apply to employers.  However, other laws impose similar requirements upon employers receiving employee medical leave and accommodation requests. The Americans with Disabilities Act (ADA) applies to employers with 15 or more employees and imposes strict confidentiality requirements.   Under the ADA, employers must not disclose medical information they learn about an applicant or employee, with limited exceptions.  (For example, supervisors