Employment Law Update: Fired for Facebook? Terminated for Tweeting?

One of May Law’s most robust practice areas is employment law, http://www.maylawllp.com.php7-32.phx1-2.websitetestlink.com/practice-areas/employment-law/, serving both employers and employees, whether in government or in the private workforce. As with any client, we thoughtfully advise those seeking employment counsel based on the law, company rules, what the client has said or done to allegedly violate those rules, and what they […]

Supreme Court of Virginia Oral Argument

The highlight of many Viginia lawyer’s careers is an argument before the Supreme Court of Virginia.  Many ask me, what is it like?  Here is the basic procedure for writ panels, which is usually the first step in an appeal to the high court. After a Notice of Appeal and Petition for Appeal have been […]

Frivolous Business Lawsuits Slapped Down by Supreme Court

Imagine being sued by a person for a technical violation of law by someone who suffered no injury but who sued you anyway . . . because he could (and because his lawyer would earn a handsome fee).  Believe it or not, this happens all the time.  Congress has passed a number of complex laws […]

Is an employee’s salary “confidential information” that a company can require to be kept secret?

Generally no, with some notable exceptions.  Under the National Labor Relations Act, employees’ discussion of wages with one another is considered a “concerted activity” that cannot be prohibited under the Act.   Additionally, the U.S. Department of Labor recently issued regulations implementing Executive Order 13665, which requires “pay transparency” by federal government contractors.  This order generally […]

An employee complains of several inappropriate and insulting comments in the office. A few days later, the company decides to fire the employee for poor performance. Can the employee sue?

Yes, under these facts the employee can likely sue for retaliation based on a recent decision by the 4th Circuit U.S. Court of Appeals, the federal circuit which covers Maryland, Virginia, West Virginia, and North and South Carolina.  In the decision, the en banc court reversed an earlier panel decision and prior case law stating […]

Did the United States Supreme Court recently decide that pregnant employees must receive the same light duty accommodations as disabled employees (Young v. UPS)?

No, the Supreme Court did not require, as a categorical matter, that every pregnant employee be treated the same as every disabled employee with respect to light duty.  Distinctions could be made based on the type of disability and even the type of employee suffering the injury.  (For example, those working in extrahazardous positions.) However, […]

Can a job offer be rescinded based on negative information learned about the applicant after the job offer?

Yes, most job offers can be rescinded, even if the applicant has made preparations for the new job such as quitting current employment and even relocating to be near the new employer.  One example of this recently played out on social media after a job applicant disparaged her new job in colorful language on Twitter, […]

Can a franchise chain be held liable for the unlawful employment practice of one location?

Traditionally the answer to this question has been “no” unless the chain participated in the practice.  (Hence one reason for a business to operate as a franchisor)  However, recent charges by the National Labor Relations Board against McDonald’s USA, LLC, suggest that chains should expect increasing efforts to impose broader penalties for the acts of […]

Non-Compete Claims Survive Motions to Dismiss in Two Maryland Federal Cases

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 […]

Are unpaid internships legal?

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 […]