Author: JGL Law

Jay Holland obtained an injunction requiring Prince George’s County to hire 64 highly qualified firefighters whose employment offers had been rescinded based on an illegal affirmative action policy.

JGL partner Brian Markovitz brought this action to apply PPA claims to be made under the Maryland Wage and Hour Law and Maryland Wage Payment and Collection Law. This would increase pack pay by $500 per day. 

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Appellate Court of Maryland issued a Reported Opinion in Favor of JGL client.

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GREENBELT, MD., July 14, 2022 – Yesterday, in a victory for Maryland workers, the Maryland Court of Appeals (PDF) held that workers in Maryland have greater protections than under a 1940s-era federal law, and must be paid for all of their hours worked.

Explaining the circumstances, the Court stated that the State’s wage and hour law “means what it says,” and that workers, represented by Joseph Greenwald & Laake, are entitled to compensation from the time they are “required by the employer to be on the employer’s premises, on duty or at a prescribed workplace.”

In an expansive 59-page opinion, the Court meticulously reviewed two cases of laborers working for different subcontractors on the construction of the MGM Grand Hotel. In those cases, “the workers accessed the construction site via buses, supplied by the general contractor for the project, that took them from the parking area to the construction site and back. The workers were not compensated for wait and travel time, either coming or going from the parking area, which in total averaged approximately two hours per day.” Workers were told that this was the only way they could get onsite, and that they could be fired for reporting to work any other way. The question in both cases was whether the time spent assembling at the parking area as required by their employer, and being bussed to the construction site, constituted “work” compensable under Maryland’s wage and hour law. The lower courts applied federal law and dismissed the cases, but the Court of Appeals reversed in a 7-0 decision, concluding that Maryland law was not so restrictive, and that whether the workers were entitled to compensation for the time their employers required them to spend in transit, was a matter for the jury to decide.

“This was a tremendous victory for Maryland workers. When the boss tells workers to do something, even outside of their regular duties, they are working, and now they will get paid,” said Brian Markovitz, a Principal at JGL who represented the workers. 

“Maryland’s highest court has issued a decision that is fundamentally fair to all concerned,” said attorney Steven Pavsner, who argued the case on behalf of Mr. Amaya. “Employers cannot reasonably expect to benefit from free labor, and workers cannot reasonably be expected to work for free.” 

“This ruling sends a clear message to Maryland workers: your time is valuable. Maryland took a stand to protect the health and welfare of workers by crafting its wage and hour laws to prevent corporations from demanding their workers’ time but not paying for it, ” said Erika Jacobsen White, Principal at JGL and co-author of the briefing.

Media Contact: Lauren Smith, MBA | media@jgllaw.com | (202) 656-1774

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About Joseph, Greenwald & Laake

Joseph, Greenwald & Laake, P.A., is one of the most trusted law firms serving Washington, DC, and the suburban Maryland area. For more than 50 years, our law firm has represented a variety of clients, including individuals, small businesses and multimillion-dollar corporations. From simple to complex legal needs, our law firm is prepared to deliver strategic solutions with high standards. Call or e-mail us at Joseph, Greenwald & Laake, P.A. to schedule a consultation with an experienced attorney. We offer reliable counsel on how best to proceed and what your rights and responsibilities are.

Many genuine, loving couples choose to get a prenuptial agreement to protect themselves, one another, and their families. Here, we outline some of the most common reasons, to help you decide if a prenuptial agreement is right for you.

What is a Prenuptial Agreement?

Many of our clients ask, what exactly does a prenup do? A prenuptial agreement is a legal document that defines what will remain individual, personal property and what will become jointly owned property at the time of marriage. In addition, you may also use a prenuptial agreement to define alimony expectations. This process gives you the opportunity to carefully plan for both of your best interests without the stress that inevitably comes with divorce; you’re essentially protecting your futures, no matter what they may hold.

Advantages of a Prenuptial Agreement

There are many advantages to completing a prenuptial agreement ahead of your wedding day. Here are just a few:

• A prenuptial agreement can significantly reduce the cost of divorce. According to Bankrate, the average divorce costs around $15,000 per person, but can reach $100,000 depending on complexity.
• It leads to fairer terms, as decisions are not made in anger.
• A prenuptial agreement can make for a more harmonious marriage, with greater communication and without the tension that would otherwise be caused when new decisions are made. For example:
  • It is helpful for partners that give up their careers to take care of children to make this decision with an awareness of the protection they have in place, preventing anxiety and resentment.
  • It protects a wealthier partner with business ownership or family inheritance. It also protects ownership of sentimental items and family heirlooms.
  • It can define and protect you from taking on your partner’s debt if they enter the marriage with loans or credit card bills.

Who Needs a Prenuptial Agreement?

Prenuptial agreements are no longer just for the rich and famous; anyone can benefit from open communication and a concept that protects the interests of both parties. If you’ve been married before, already have children, struggle with debt or own a business, a prenuptial agreement is for you. Take a look to see if any of the following factors apply to you.   

One of You Has a High Net Worth

If you have a high net worth, property, or will eventually inherit an estate, you have good reason to choose a prenuptial agreement. A prenup can give you peace of mind that your partner has the best intentions for your relationship.

One of You Struggles with Debt

Many couples have different financial backgrounds when entering a relationship. If your partner already has debt or gets into debt during your marriage, a prenuptial agreement can clarify where the debt originated, which partner will be responsible for payment of the debt, protect your assets.

One of You Will Stay at Home with the Kids

The decision to give up your job and stay at home to raise children is not taken lightly and can cause resentment without proper communication. A prenuptial agreement can help facilitate this communication now, to protect the spouse that chooses to put their career on hold.

You Have Children

Those who already have children may be concerned about protecting their inheritance. A prenuptial agreement enables you to leave money, sentimental items, and property to children from past relationships.

You’ve Been Married Before

Those that have been married before have the benefit of past experience. You may have already experienced an unpleasant divorce, and be aware of the time and cost the process incurred. Perhaps you wish you had the protection of a prenup last time. You may also have a better understanding of why a prenuptial agreement is necessary; no matter how much we love our spouse on our wedding day, the future is unpredictable.

You’re a Business Owner

There are multiple reasons why a prenup is essential to protect your business in the event of a divorce:

• If you are a co-owner, it can protect other business partners.
• It can protect your spouse from business debt and liabilities.
• It can protect your ownership interests in the business in the event of a divorce.

You Value Your Privacy

A prenuptial agreement protects your right to privacy, as you agree not to disclose information about one another, in the form of social media posts or other means.

Contact Our Maryland Family Lawyers Today

It is wise to work on your prenuptial agreement in significant advance of your wedding day, as this process ensures boundaries are set while you and your spouse-to-be are in a good position to make carefully thought-out decisions.

Bear in mind that laws around prenuptial agreements vary between states, and a prenuptial agreement must meet the requirements of your state in order to be enforceable. If you need a prenuptial agreement in Maryland, the District of Columbia, or Virginia, our prenuptial agreement attorneys are here to serve you. Contact us today to set up a free consultation.

Season three of our legal podcase, JGL Law for You, touches on a wide range of topical issues to help you navigate the complexities of personal and business life.

To help you find the legal information you need, this roundup directs you to popular podcasts on whistleblowing, business law, child custody, and more.

Family Law Podcasts

Family law is always relevant. This season we produced content on the following various topic:

• We hosted a podcast on how to take care of your mental health during a pandemic.
• We shared information on how to minimize financial hardships and surprises during a divorce.
• We discussed child custody trends during COVID-19.

If you have a question on family law or divorce that you’d like to discuss with our team, contact us today.

Labor and Employment Podcasts

No matter what line of work you are in, knowing your rights as an employee is important. This season we produced a podcast that answered the question “what are the basic rights of employees?”

In this episode, we outlined what an “employment contract” is. We also discussed unions, who can be fired, and why.

We encourage you to seek legal help from our team, if you are facing an issue pertaining to employment law.

Whistleblower Podcasts

This season, we also addressed the topic of government contract fraud. The episode pertaining to this topic explored falsifying information on contract proposals, misrepresenting the status of projects to receive government funds, falsifying compliance, and concealing cybersecurity vulnerabilities.

If you’re affected by this topic, we can help – send us a message.

Business Law Podcasts

We’re also dedicated to protecting businesses across Maryland and the Washington DC metropolitan area. Our podcast on business evaluations is essential for anyone that needs to understand the process used to establish the value of a business. Learn when a business evaluation is necessary, pitfalls to avoid, and the standards a valuator must follow.

Learn more about business law for you, by talking with our team.

More 2022 Legal Podcasts

We’re proud to use our 50+ years of experience to provide information to all, via our legal podcast. Some of the other key topics covered this season include:

• Police reform in Maryland in the wake of COVID-19 and the murder of George Floyd.
• How to get your home ready for market using the latest trend.
• When can schools be held liable for students’ injuries at school?
• Why we need to empower youth in foster care to provide them a bright future.

Ensure you always have a trusted source for legal information to hand by bookmarking our podcast page.

Contact JGL Law for Legal Advice Tailored to You

When unique challenges arise, legal advice tailored to you is essential. If any of the above topics are of concern to you, get in touch, briefly outlining your concerns. We’ll be in touch to provide the legal support you need.

Welcome to the season two recap of JGL Law for You, our legal podcast. Season two ran throughout 2021 and featured a wide range of topics to help you with legal issues relating to family law, real estate, and COVID-19. To quickly find the information you need, review the podcasts below.

COVID-19 Podcasts

COVID-19 has touched countless areas of our lives. We dedicated multiple podcasts to the topic to provide you with expert guidance to help you stay safe and financially secure:

• We discussed the effects of the pandemic on mental health, for kids, adults, and couples.
• We shared information on understanding the stock market during this unprecedented time.
• We discussed whistleblowing and COVID-19 fraud.
• We published a podcast on the effects of the pandemic on the real estate market, geo-fencing, and the shortage of housing inventory.

Contact our trusted team to discuss any of the above issues related to COVID-19 and more.

Family Law Podcasts

During 2021, we discussed some key topics relating to family law and divorce.

In our podcast on divorce, infidelity, harassment and the workplace we explored concerns relating to workplace break-ups, harassment at the workplace by an ex-partner, and how to handle a spouse’s affair with a coworker.

We also recorded a podcast on mutual consent divorce, outlining what it is, what the requirements are, and in what ways it is beneficial.

Get in touch for legal advice on family law and divorce.

Real Estate Podcasts

Another key podcast this season answered the question “How can pre-sale renovation help the sellers and realtors?”

Here, we also explored what happens if you house doesn’t sell, what the contract signed by the sellers looks like and what happens in the event of divorce-related delays.

For any similar concerns, the team at JGL Law is here to help – send us a message.

Legal Podcasts on Topical Issues

With 50+ years of experience, we are here to guide our listeners with legal insight designed to help them make beneficial decisions. Some additional legal podcasts this season include:

• Will contests in Maryland.
• New laws and their effects on workers’ compensation and liability.
• What is the field of jury consulting?

Bookmark our podcast page to ensure you always have a reputable resource available, for all your legal queries and concerns.

Contact JGL Law for Personalized Advice

Looking for guidance tailored to your unique circumstances? Our expert attorneys can give you the legal insight you need to resolve issues of all complexities, relating to real estate, family law, COVID-19, divorce, and more.

Get in touch, and provide us with a brief outline of the issue you’d like to address, and we’ll schedule you for a call with one of our experts.

Our in-house legal podcast, JGL Law for You, is a great source of knowledge for anyone facing personal and legal challenges. To help you find the information you need, we’ve created this helpful recap highlighting the topics discussed during 2020.

Divorce & Family Law Podcasts

Divorce is stressful, but trustworthy legal advice and guidance from a reputable attorney can help you ensure you make it through the process with the best prospects ahead of you.

This season, we covered topics relating to divorce and family, as well as current global challenges:

• We discussed how COVID-19 impacted divorce cases.
• We shared tips for co-parenting through COVID-19.
• We explored the concepts of finances and divorce, including what to show and ask your lawyer.
• We outlined how to choose a divorce lawyer.

Get in touch for legal advice relating to divorce.

Workers’ Compensation Podcasts

Workers’ compensation is a topical issue this year, with many people facing financial loss and complications due to COVID-19.

In our legal podcast, we explored how COVID-19 has affected workers compensation practices and laws.

Contact us to discuss your workers compensation case.

Legal Podcasts on Trending Issues

Our podcasts also address trending and topical issues to provide current and accurate information to our listeners. This season we covered the following topics and more:

• How, why and when to sue the police.
• What a prenup is, and who needs one.
• Who can become a whistleblower, and how.

Explore more legal podcasts from JGL Law.

Speak with Our Expert Lawyers

If any of the topics outlined above pertain to you, get in touch; we can help with legal advice. Our attorneys professionally navigate the complexities of workplace and family law. Contact us today with a brief description of the issue you face and we’ll contact you to schedule a consultation with the most appropriate legal expert.

Denial of motion to dismiss class action wage claims under the DC Wage Payment and Collection Law. Gwapadinga v. Fescum Inc., 636 F. Supp. 3d 71 (D.DC 2022)

Settled case on behalf of immigrant detainee whose custody was illegally transferred to ICE, in violation of his constitutional rights Trejo v. Howard County, Maryland

Joseph, Greenwald and Laake has been representing clients in suburban Maryland and the District of Columbia for almost 50 years. With offices in Greenbelt and Rockville, Maryland, we have lawyers who focus their practices in diverse areas of the law, including employment and whistleblower actions, family law, estates and trusts, civil rights, business planning and commercial litigation, personal injury, medical and professional negligence.

In this episode, Samuel Morse discusses the following issues and more:

1. Segerman v. Jones-Negligent – Supervision is actionable  
2. Hunter v. Montgomery County Bd of Educ. – No educational malpractice cases. 
3. Gambrills and Hodge – Where are we now?

JGL LAW FOR YOU brings you up close and personal with our lawyers who will be discussing how to navigate the many legal processes,  developments in the law, other current events and how they may affect you.

Work is a significant part of people’s lives, and it’s important to feel respected and valued by employers. Employment discrimination occurs when an employer treats an employee or applicant less favorably, based on their race, religion, sex, sexual orientation, gender identity, national origin, disability, or status as a protected veteran. We all deserve to be treated equally, and job discrimination is never acceptable.

Employment discrimination can take place during the application process, during your interview, and during your time as an employee. Here, we explore some of the laws that protect employees from job discrimination, how a lawyer can assist you, and when you should seek legal guidance.

What Laws Protect Employees from Job Discrimination?

Employees are protected by a federal agency, the Equal Employment Opportunity Commission or EEOC as it is commonly known and sometimes by state and local agencies, often with the words “Human Rights” or “Human Relations” in the tile of their names. You can find your state or local agency, there is one, here: https://www.usccr.gov/files/pubs/crd/stateloc/all.htm.  Numerous job discrimination laws can help ensure employees are treated fairly, including the following federal laws:

• Title VII of the Civil Rights Act of 1964 (Title VII)
• The Pregnancy Discrimination Act
• The Equal Pay Act of 1963 (EPA)
• The Age Discrimination in Employment Act of 1967 (ADEA)
• Title I of the Americans with Disabilities Act of 1990 (ADA)
• Sections 102 and 103 of the Civil Rights Act of 1991
• Sections 501 and 505 of the Rehabilitation Act of 1973
• The Genetic Information Nondiscrimination Act of 2008 (GINA)

A good employment discrimination lawyer will know which of these laws applies to your individual experience.

How Can a Lawyer Help Evaluate Your Discrimination Situation?

Job discrimination and labor lawyers provide skilled legal guidance to advocate for their clients’ equal treatment in the workplace. Individual job discrimination examples include bias based on race, religion, disability, gender, and more. For example, if an employee experiences discrimination due to being deaf or stuttering, this is an example of disability discrimination. A job discrimination lawyer can help you determine:

• If the occurrence is discriminatory, based on the law.
• What compensation you could be eligible to receive, if discrimination can be proven.
• What evidence you need for legal proceedings.
• The tasks and paperwork you need to complete, and the timeline for completing them.

You Have an Advocate at Joseph, Greenwald & Laake, PA.

If you have been the victim of discrimination by your employer, the job discrimination lawyers at JGL Law are here to help you take the next steps towards compensation. Whether you are facing job discrimination in your current workplace or have suffered wrongful termination, our skilled attorneys are in your corner and ready to advocate for you. With over 50 years of experience, our team specializes in job discrimination law and is dedicated to protecting employees like you. Contact us today to schedule a consultation with one of our job discrimination lawyers.