Author: JGL Law

Sharing our thoughts, photos and personal details on social media is so ingrained in many peoples’ lives that we do not think twice about the wealth of information left behind for anyone and everyone to discover.  But it should be a thought and consideration if you find in yourself heading towards a divorce or custody litigation.  As part of the discovery process you will likely have to produce complete copies of the history of your social media accounts.  It does not matter if your accounts are set to private – there is still a duty to provide the relevant discovery.

Most people cannot recall everything they have posted on social media since the inception of their accounts.  Posts that may have seemed glib or sarcastic in the moment do not always age well.  Further, they can take on a new meaning or be viewed in a different light when presented to a judge in a courtroom.  Things that they posted years ago, or in a fleeting moment, can come back to haunt you, especially during divorce or custody proceedings.  

So what can you do?  If you have not yet initiated divorce proceedings, you may want to deactivate your social media accounts.  There are a couple of reasons for doing so.

First, you will not be tempted to post negative things about your ex on social media.  It is easy when emotions run high, to send a quick tweet about dealing with a deadbeat ex.  What may have been venting in a moment of frustration, will turn into an exhibit to show a Judge that you are mean spirited and not willing to co-parent.  

Also, if you delete your social media, there will not a forum for well-meaning friends and relatives to make those types of comments on your account.  Your friends are generally able to comment on your posts, tag you in photos and locations, and mention you in their posts.  All of which may be well-meaning, and intended to be supportive during a difficult time, but not always helpful to your case!

Additional Reading: Five Reasons to Deactivate or Delete Your Facebook Account While Your Divorce Case is Pending ​

Quitting social media can also be good for your mental health and emotional wellbeing.  When going through a break up it can be particularly difficult to view all of the happy images on social media of intact families, not to mention seeing the posts of what were mutual friends, but have sided with your ex.  Or seeing posts of couples nights out, etc. or other events which will only make you feel left out.  A better option might be to spend that time joining a new group or picking up a new hobby where you can learn new skills, or meet new people.  

If you need more motivation, keep in mind the fact that the average individual spends about two and a half hours a day on social media.  When you are going through a divorce, that is valuable time you will need to meet with your attorney, gather documents and otherwise participate in the litigation process.  Often, clients are not prepared for the amount of time they must devote to their case – by the end they are referring to it as a part-time job.

But, before you delete any accounts, or take any final actions, make sure to consult with an attorney.  Under certain circumstances you may be prohibited from deleting any evidence, including social media accounts.  Failing to abide by these restrictions could be even more damaging than the actual information contained in your social media accounts.  If the Court finds that you were purposefully trying to hide information they can impose sanctions which can negatively impact your case.

 1.       What made you become a lawyer?

In college (in the South), I studied psychology and sociology.  I wanted to become a family counselor.  I took a job on weekends and in the summer working at a group home for underprivileged children.  After witnessing a friend and colleague being racially discriminated against, firsthand, it motivated me to use my influence in law for social good.  The next semester I started to study for the LSAT and to look at law schools.  I’ve been practicing law for almost 20 years and I still look to protect the disenfranchised.

2.       What will be the biggest challenge for the generation behind you?

I think that dealing with electronically generated evidence is a huge challenge for the generation behind me.  First, it produces an enormous amount of evidence such as hundreds of text messages and emails.  The challenge lies in the fact that no matter what you say online, in emails, or in text to anyone, it may be used against your client in Court when presented in a different context. While preparing for trial, you need to consider having the text message to rebut any unforeseen electronic evidence prepared and copied in triplicate. There is also a huge concern where a party may seek to add or delete from actual documents to rewrite the history to suit his or her narrative. 

3.       What is the most interesting case you’ve ever had?

Personally the most rewarding cases are those with children. But, I think the most interesting case is a non-custody case where my client’s wife suspected adultery (although he was not committing adultery).  The wife moved her mother into the master bedroom to sleep with her and dislodge my client. Each day the mother in law had nasty comments to make to my client passing him in the hallway, on the stairs, in the kitchen and throughout the house. He was relegated to sleeping in a guest bedroom. Not satisfied, the mother in law started openly talking about emasculating my client and started carrying hedge trimmers around the home. He was mortified and locked himself in the guest room.  When she started beating on the door, he appropriately called 911. While he was on the phone, fearing the worst, you could hear the wife and mother in law beating on the door and then broke it down with an axe.

I filed a Petition for a Protective Order. Wife claimed the instrument in her hands was small.  However, I took four bankers boxes (usually used to carry our paper files) and hollowed out a hole through the middle and carted in the axe she beat the door in so I could cross-examine her with the actual object she used and photographs of the door.  I won the hearing and my client had some therapy as the result. 

4.       How do you measure success?

It’s very subjective to measure success in litigation and in family law, specifically.  I measure my success in terms of time management, my own personal preparation for a case, and winning motions.  Success to me is when I believe I’ve gave it my best effort whether in a case or in life.

5.       What do you look forward to when you go to work every day?

I look forward to the people I work with. I cannot imagine doing my work efficiently without the help of my team (my colleagues, peer attorneys at the firm, paralegals, administrative assistants, legal assistants). There is so much more that can be accomplished by working as a team which also makes the work more rewarding.

Overtime pay for workweeks involving more than 40 hours of work is just one of the protections the law provides to prevent the exploitation of working people.  The Department of Labor revises its policies periodically to reflect the changes in the economy, and the overtime pay regulations are no exception to this principle.  On September 24, 2019, the U.S. Department of Labor issued an update to the Fair Labor Standards Act (FLSA).  These changes, which will go into effect on January 1, 2020, increase the number of American workers who will become eligible for overtime pay and will also give added flexibility to employers regarding how they dispense the overtime pay to the employees entitled to receive it.  If you want to be sure that you are meeting your FLSA requirements in your business, or if you are an employee who thinks your employer is not paying you fairly, contact Brian J. Markovitz a labor and employment lawyer at JGL Law.

How Overtime Pay Works

According to federal law, salaried employees must receive overtime pay equivalent to 1.5 times their hourly rate for every hour in excess of the fortieth that they work in any given 7-day period.  A salaried employee is someone whose pay is a set amount per a certain period of time (for example, per hour or per month).  Salaried employees do not receive overtime pay. Often, salaried employees are considered certain “highly compensated employees” (HCEs) do not receive overtime pay, as it is assumed that their high salaries and other prerequisites of their jobs are already sufficient compensation for long work hours

The New Regulations

The new regulations, which will apply beginning on January 1, 2020, raise both the amount counted as the standard salary level and the amount of pay one must receive to count as an HCE.  These changes reflect the overall increase in salaries across the country, as salaries should increase to keep up with inflation.  According to the new regulations, the new standard salary level will be $684 per week, compared to the old standard salary level of $455 per week.  $684 per week is approximately an annual income of $35,568.  The new regulation raises the threshold for the HCE designation from $100,000 to $107,432 per year.  The standard salary level and HCE level will be lower in U.S. territories where wages are lower.  The Department of Labor has also resolved to update the regulations more frequently to reflect ongoing changes in the economy.

Contact Brian J. Markovitz at JGL Law about Labor and Employment Cases

You have the right to receive overtime compensation if you work more than 40 hours per week.  Joseph, Greenwald, and Laake offers legal representation to people whose overtime pay has been withheld. Contact Brian J. Markovitz in Greenbelt, Maryland to exercise your right to fair pay for your work.

Maryland Expands Anti-Discrimination Law To Include Independent Contractors, And Expand Rights of Harassment Victims

The Maryland Human Relations Act (the “Maryland HRA”), is generally broader and procedurally distinct from its federal counterpart, commonly referred to as Title VII. Maryland has now amended its law in some very significant respects.

Independent Contractors

Title VII provides protection against discrimination and harassment in employment based on protected characteristics, like race and gender. However, Title VII does not cover independent contractors. So, under federal law, if an independent contractor is a victim of discrimination or sexual harassment in their workplace, there is no remedy under Title VII. With a higher percentage of workers employed in the “gig economy” as independent contractors, this leaves a gaping chasm in worker protection.

The amendments to the Maryland HRA (effective October 1, 2019) seek to address this.  Previously – and consistent with federal law – the Act applied only to employees, and contained no protection for independent contractors.  The definition of “employee” has now been expanded to now include “independent contractors” as follows:

Sec. 20-601(c)(1):  “Employee” means:

(I)    An individual employed by an employer; OR

(II)   AN INDIVIDUAL WORKING AS AN INDEPENDENT CONTRACTOR FOR AN EMPLOYER.

Going forward, independent contractors seeking redress for workplace discrimination in Maryland now should consider pursuing the claim under Maryland State law.

Harassment

Federal law has long recognized “harassment” based on a protected classification, such as sex, to be a form of discrimination banned by Title VII.  However, protection for workplace harassment is a judicial – not statutory – construct, recognized by the Supreme Court since 1986, in Meritor Savings Bank v. Vinson , 477 U.S. 57 (1986).  

The Maryland HRA has been amended to incorporate a statutory definition of harassment:

“Sec. 20-601(H):  “Harassment includes harassment based on race, color, religion, ancestry, or national origin, sex, age, marital status, sexual orientation, gender identity, or disability, and retains its judicially determined meaning, except to the extent it is expressly or impliedly changed in this subtitle.”

The Maryland HRA generally applies to “larger” employers with at least 15 employees for each working day in each of 20 or more calendar weeks in the current or proceeding calendar year.  In that regard, the Act mirrored Title VII. Now, with respect to harassment claims, the Act has been expanded to apply to employers that have “one or more employees for each working day in each of 20 or more calendar weeks in the current or preceding calendar year.”

The new law covers all employers in the state and is a dramatic expansion of the Maryland HRA anti-harassment provisions.

The new harassment provisions include a broad scope of conduct for which an employer may be held liable. This is a dramatic pivot in the law; and could well result in per se liability for employers. 

            “Sec. 20-611: In an action alleging a violation of this Subtitle based on Harassment, an Employer is liable:

(1)  For the acts or omissions toward an Employee or applicant for employment, committed by an Individual who:

(I)           undertakes or recommends tangible employment actions affecting the employee or an applicant for employment, including hiring, firing, promoting, demoting, and reassigning the employee or an applicant for employment; or

(II)          directs, supervises, or evaluates the work activities of the Employee;  or

(2)  If the negligence of the Employer led to the Harassment or continuation of Harassment.

This appears to be a far more relaxed standard for employees to satisfy than under federal law.

Finally, the new amendments under the Maryland HRA have significantly enlarged the filing deadlines and statute of limitations for claims of harassment:

·         For harassment claims, complainants now have 2 years from the date on which the alleged harassment occurred to file an administrative complaint with the Maryland Commission on Civil Rights (increased from 6 months).  Sec. 20-1004(c)(2).

Filing with a local human relations commission within 2 years of the alleged harassment satisfies this filing deadline. Id.  (The Maryland HRA continues to require filing with an administrative agency prior to filing a lawsuit in state or federal court.)  

·         For harassment claims only, the limitations period for filing a civil case in court has now been increased to 3 years from the date of the unlawful employment practice (previously 2 years).

These changes reflect a policy direction that sends a message to employers that engaging in or acquiescing to harassment in the workplace will not be tolerated. Accordingly, employers would be wise to enact stringent and enforced anti-harassment policies. A nod toward enforcement will not be enough.

Representation of client in one of the largest Health Claims Arbitration awards in Maryland, in a medical negligence case under Maryland Arbitration Statute – $5,500,000.

Successfully argued in front of the United States Court of Appeals for the Fourth Circuit the invalidation of a mandatory arbitration provision. Coady v. Nationwide Motor Sales Corp.

Federal, state, and local law protect workers from discrimination by employers based on a variety of factors, such as race and gender, as well as personal circumstances such as disabilities, pregnancy, and the unexpected need to provide care for family members.  Discrimination can take the form of withholding of job offers to applicants, unjustified termination of current employees, or harassment in the workplace.  When employers consistently pay workers with the same level of education and experience different salaries for performing the same job duties, discrimination may be the reason why.  Workers often fear retaliation for complaining about workplace discrimination, including when that discrimination happens to other workers, but job discrimination is illegal, and you have several options for protecting yourself from it.  That is what happened to an employee at a Baltimore Retirement Community.

The Erickson Living Management Lawsuit

In 2019, the U.S. Equal Employment Opportunity Commission (EEOC), the federal agency that investigates and enforces federal employment discrimination laws, filed a lawsuit against Erickson Living Management, a company that operates two retirement communities in Maryland, in addition to several other facilities in other states.  In December 2016, Felecia West, the director of health services, talent development, and global programs, submitted a complaint to human resources regarding an employee who worked under her supervision.  West said that the woman, whose name has not been published, feared that the company’s system of employee performance rating was being used in a way that discriminated against her because of her disability.  The following month, the company announced that it would be laying off some employees in a “restructuring,” but West and the woman on whose behalf she complained were the only ones to have their jobs terminated.

West’s subordinate has anxiety and bipolar disorder, and she sometimes requested time off work to attend doctor’s appointments to manage her condition.  West approved these requests for leave, but the company held the subordinate’s absences against her in its reviews of her job performance.  The reviews also criticized the subordinate’s “presentation style,” a criticism which West considers unfair.  She said that the woman was subject to greater scrutiny than other employees because of her disability.  The woman only confided her concerns in West, not in human resources, because she feared retaliation.

The lawsuit requests that West receive back pay that the company owes her, as well as compensation for expenses related to searching for a new job.  It also requests that she receive non-economic damages for emotional distress.

The Legal Issues

This case involves an employee who was allegedly fired in retaliation for complaining about workplace discrimination related to a disability of a subordinate and for participating in protected activity by providing information to human resources concerning the complaint.  In this case, the disability is a mental illness; discriminating against an employee because of a mental illness is as illegal as discriminating against an employee for a physical illness.

Contact Our Lawyers About Employment Discrimination

Usually, the first step to protect yourself from discrimination or retaliation is to contact a labor and employment law attorney. Joseph Greenwald & Laake, PA offers legal representation to people who have faced discrimination in the workplace.  Contact our law office for help with job discrimination and retaliation.

Affirmed verdict in favor of supervisor accused of employment discrimination. Nunnally v. Graham (DC 2012)

It can seem like everything changes after a divorce or separation, and back to school is no exception.  If you are newly separated, this might be the first year you are not there to drop your kids off on the first day of school.  Or if you have recently moved as a result of the divorce, your kids might be nervous about starting at a new school.

Parents can do their best to ease their children’s confusion about which bus to ride home on which days, and can ease the tension with their ex by getting on the same page ahead of the new school year.  Here are some tips to ease your kid’s anxiety, ease the transition, and quell co-parenting disputes, while preparing for the new school year:

–          Coordinate to fill out the paperwork for the school.  Make sure everyone’s information is included, and go over the emergency contact forms and pick-up authorization lists to ensure that both parents have back-ups on their access days.

–          Work with your co-parent to ensure your kids are clear on how they are getting home each day – when are they being picked up, when are they walking home, when are they riding the bus (and which), etc.  Come up with an age appropriate system to remind them where they are going that afternoon.   

–          Loop in your children’s teachers, and other professionals who work with them at school.  Communication with their teachers, guidance counselors and others at the school is key, especially if your children are having difficulty with the divorce and the changes they are experiencing. 

–          Have a plan for unexpected early dismissals, sick days and weather delays.  Many custody agreements, or court orders, don’t spell out who is responsible for the kids during normal school hours, leading to confusion when unexpected circumstances arise.

–          Sign both parents up for any email lists, notification systems, and to have access to portals or other information sharing systems the school uses.  This can greatly decrease friction caused by difficulty in sharing information that has historically only gone home in a student’s backpack.   

–          Consider creating a shared family calendar through Google or using a specialized an app to coordinate scheduling.  There are lots of apps out there with a variety of different features – see which is best suited to your families’ needs.  Some popular options are My Family Wizard, Coparently and Cozi.

–          Divide and conquer the back to school shopping lists, splitting up the long list of supplies and playing to each parent’s strengths.  One parent can take the kids to the store for new shoes, while the other orders the binders and book bags on Amazon. 

–          Drop the kids off together on the first day if at all possible.  The most important thing is to ease this transition for them,  if at all possible – you want your kids to feel comfortable and supported – if at all possible do that by both parents being at school on the first day

–          When it is not possible for both parents to be there on the first day of school, talk to your children beforehand.  Let them know what will happen on the first day so they are prepared.  Make a plan for the other parent to be involved – set up a special FaceTime call in the morning, or have a special note waiting for the child at school.  And make sure to send a picture from the first day – these are the moments no parent should have to miss. 

We are delighted to congratulate 13 of our attorneys for being selected by their peers for inclusion in the 26th Edition of The Best Lawyers in America:

 

• Appellate Practice
  • Greenbelt, MD
    • Timothy Maloney
    • Levi S. Zaslow
• Family Law
  • Rockville, MD
    • David Bulitt
    • Jeffrey N. Greenblatt
    • Anne E. Grover
    • Reza Golesorkhi
• Family Law Mediation
  • Greenbelt, MD
    • Barbara Jorgenson
• Medical Malpractice Law – Plaintiffs
  • Greenbelt, MD
    • Andrew E. Greenwald
    • Burt Kahn
    • Steven M. Pavsner
• Personal Injury Litigation – Plaintiffs
  • Greenbelt, MD
    • Debora Fajer-Smith
    • Stephen A. Friedman
    • Andrew E. Greenwald
    • Burt Kahn
    • Steven M. Pavsner
• Trusts and Estates
  • Greenbelt, MD
    • Timothy P. O’Brien

All lawyers named to The Best Lawyers in America© publication were recognized by their peers in the legal industry for their professional excellence in 146 practice areas. For the 2020 Edition of The Best Lawyers in America, 8.3 million votes were analyzed, which resulted in the inclusion of more than 62,000 lawyers, or approximately 5% of lawyers in private practice in the United States.

 

The selection of these lawyers in this prestigious peer-reviewed publication continues to demonstrate the quality of the legal services that we provide at JGL and our unswerving dedication to client service.

1.                   What made you become a lawyer?

I was a speech and drama major at Syracuse University.  I wanted to be a sports announcer.  When I graduated, I couldn’t even get someone to return my calls let alone a job offer.  I decided I’d go to law school and become a sports attorney if I couldn’t announce.  Well, that didn’t work out either. I couldn’t find a job in the area. I would have had to move to California and I was not up for it at the time.

2.            What will be the biggest challenge for the generation behind you? 

If you mean the new generation of trial attorneys, the biggest challenge will be the competition from other attorneys who successfully use the internet to bring in clients based on nothing more than their ad.  Historically, clients came because of your reputation which you assiduously built by appearing in court.  That’s how the judges saw how skilled you were and how the other attorneys got to know you.  When I first started practicing, motions were set every Friday.  As the court saw more cases, it became daily.  Our courts have now revamped the civil system to discourage court appearances.  That prevents young attorneys from getting to practice and show off their trial skills and get to know the judges and vice versa.  They won’t have the courtroom experience that is vital to doing trial work.   

3.            What is the most interesting case you’ve ever had? 

I recently lost a very complex case at the trial level through no fault of our own, instead due to a bad judge.  However, we prevailed on appeal.  Our client’s former husband worked for the World Bank.  The Bank is an international organization and has immunities from US law.  As a result, the Bank won’t honor an order from an American court to divide a World Bank pension.  The US courts have to disguise the pension division by calling it alimony.  The trial judge gave our client far less than half the pension, which we believed she deserved.  The Court of Special Appeals reversed the trial judge and told her to reconsider her award.  

4.            How do you measure success? 

I believe I have been successful when my client has been protected, and when I have achieved my client’s realistic goals. Also, winning cases counts as success.  

5.            What do you look forward to when you go to work every day? 

I look forward to coming up with solutions that solve a problem which plagues my client. Also, I look forward to working with my dedicated team of attorneys and support staff.  

1.       What made you become a lawyer?

My desire to help clients in crisis, and to navigate their way to a better situation while protecting their rights.

2.       What is it like being a woman in a male dominated field?

The field of family law is definitely not male dominated, in the long-term the practice becomes more male dominated when it comes to retaining women attorneys and elevating them to partner and senior leadership positions. So, there remain pioneering opportunities for women who make law a life-long career. Fortunately, I feel extremely supported by my male colleagues in those pursuits.

3.       What is the most interesting case you’ve ever had?

While I will refrain from commenting on any specific case, representing children as their court-appointed attorney and advocate in contested custody cases is especially rewarding.

4.       What is the hardest part of being a lawyer?

Helping clients understand a legal framework and process that often feels rigid and unfair in divorce and custody matters.  And, having difficult conversations with clients about how the client’s budget for legal services affects representation decisions and important strategic decisions that are cost-driven.

5.       What is the best career advice you have ever received?

Be professional and courteous with everyone – including opposing counsel and the opposing party, and every person at the courthouse.