Author: JGL Law

The Healthy Working Families Act is now the law in Maryland.    

Maryland businesses with 15 or more employees are required to provide paid “sick and safe” leave at the rate of at least one hour for every 30 hours worked, up to a minimum of at least 40 hours of paid leave per year.  Businesses with less than 15 employees are required to provide unpaid sick and safe leave that accrues at the same rate.  

Employees eligible to receive sick and safe leave benefits are those 18 years and older who work at least 12 hours per week.

Sick and safe leave may be used for the following purposes:

• To care for a mental or physical illness or injury of the employee or a family member
• Preventative medical care for the employee or a family member
• Maternity or paternity leave of the employee or a family member
• Absences resulting from domestic violence, sexual assault or stalking of the employee or a family member

For purposes of the 15 employee threshold, the number of people employed by a business is determined based on the average number of employees per month for the prior year.  Employees include those working full-time, part-time (even those who work less than 12 hours per week) and those working on a temporary or seasonal basis. 

Among the restrictions employers may impose on sick and safe leave are the following:

• Limit the amount of unused leave that may be carried over from the prior year to 40 hours
• Limit the amount of leave that may be used in a year to 64 hours
• Limit the amount of leave an employee can accrue at any time to no more than 64 hours
• Prohibit use of leave during the first 106 days of employment

Employers may choose to award the full amount of sick and safe leave at the start of the year.  If this is done, the Act allows the employer to prohibit the carryover of any unused leave from year to year.        

Employers are not required to pay for accrued, but unused, leave when the employee terminates employment.

Employers are required to post a notice of the employees’ rights under the act (the form of notice is still pending).  Furthermore, employers are required to keep employees informed of the status if their accrued leave balances, including updates with each paycheck.  This obligation can be satisfied if the employer maintains an electronic database accessible by the employees

The Act is effective February 11, 2018, though the legislature is considering delaying the effective date to allow for the implementation of formal regulations and to give employers an opportunity to familiarize themselves with the new law.

The information provided above is not intended to be a comprehensive report of the new law, but rather a summary of some of its more significant elements.  Employers should immediately take the time to familiarize themselves with the new law with an eye toward determining whether any changes are necessary to existing employment policies/manuals in order to bring them in line with the new law.

A recently unveiled Department of Justice memo discussed circumstances in which the government should consider dismissing False Claims Act cases brought by whistleblowers. Markovitz, as well as many other prominent attorneys from across the country, gave their thoughts on the memo’s implications in Law360. As a fierce advocate for whistleblowers, Markovitz expressed disappointment with the memo. He stated, “This is a very disappointing development. The process unfortunately could lend itself to political influence, which should not be what the Justice Department is about.” To read the full article click the image below. 

In his practice, Markovitz serves clients from a variety of industries including government, construction, healthcare, and many more. His clients trust him to help them during their most desperate times, and they appreciate his dedication to correcting injustices that have a tremendous impact on their lives. Markovitz brings an individualized and holistic approach to every case, taking into account each client’s distinct needs and goals in resolving the dispute. His goal isn’t just to win the case – it’s also about helping each client in every way he can.

 

On January 24^th JGL Principal Reza Golesorkhi was elected by the Iranian American Bar Association (IABA) to be an At-Large Board Member for another one-year term. Reza has been a long time member and supporter of the IABA and this position further promotes his involvement. The IABA is a nonprofit professional organization that educates and informs the Iranian-American community about legal issues of interest, and ensures that government representatives and officials are aware of matters concerning the Iranian-American community. With nine chapters nationwide, the organization fosters and promotes the achievement of Iranian-American lawyers and legal professionals.

Reza is widely recognized as one of a handful of elite divorce lawyers in the Maryland, Washington DC and Virginia area. He has gained a reputation as a skilled trial lawyer with a unique command of the courtroom that sets him apart. Reza handles a broad range of family law matters, and has a keen understanding of Family Law and Business, making him the go-to lawyer for high net-worth individuals.

Joseph Greenwald & Laake is pleased to announce the hiring of our newest associate, Lauren Agresti. Prior to accepting the position at JGL, Lauren worked as an associate at Venable LLP, where she was a member of the firm’s Product Liability and Mass Torts Group. Her practice focused on litigating pharmaceuticals and vaccine matters in federal court.  

Lauren is a 2016 graduate of the Georgetown University Law Center, where she was the editor-in-chief of the Georgetown Journal of Law & Public Policy. During her time at Georgetown, she interned for a major American publishing and financial information firm where she researched FOIA matters, intellectual property disputes and contractual issues. She was also a member of Georgetown’s Gilbert & Sullivan Society, “America’s only theater group with its own law school.” Before attending law school, Agresti graduated magna cum laude from the University of Pennsylvania, with a bachelor’s degree in political science.

Lauren has demonstrated a commitment to volunteer and other pro bono work, which she plans to continue at JGL. She recently successfully represented a detained asylum applicant in Baltimore Immigration Court on a pro bono basis. She has also volunteered with legal service providers such as Advocates for Justice and Education and the DC Bar Landlord Tenant Resource Center.

Lauren will officially join the firm on January 15, working in the firm’s complex civil litigation department. “We are proud to have someone with Lauren’s pedigree joining our team,” principal Veronica Nannis commented. “She is coming to us from a prestigious law firm, and she received a great education at both Georgetown and Penn. We are very excited to add her to our litigation team.”

Please join us in welcoming Lauren to the JGL team. 

Jay Holland, Joseph Greenwald & Laake principal attorney, spoke to Corporate Counsel how the #MeToo movement impacts human resources departments in companies nationwide. With a growing focus on how companies handle sexual harassment cases, it is important for companies to have a communications strategy for when employees are terminated or leave their place of work. “The inclination both culturally and legally for companies was historically not to publicize reasons for employees or executives leaving the company,” Jay shares. But has this all changed now? For the full article, click on the link below. 

Jay Holland is a principal in the firm’s Civil Litigation Group, and is the chair of the firm’s Labor, Employment and Qui Tam Whistleblower practice. He is a renowned employment and qui tam litigator known for taking on tough cases and achieving exceptional results. 

Industry donations to patient assistance charities have recently been under increased scrutiny from federal health-care fraud investigators. In this Bloomberg BNA article, a Third Circuit Court a ruling made on January 19^th is discussed as an example of this growing trend. In this recent ruling, Accredo Health won when charity kickback allegations were affirmed. To many, especially JGL principal Brian Markovitz, this is an important example for other whistleblowers to learn from. Markovitz said the litigation showed whistleblowers that the type of evidence found, a temporal link between Accredo’s donations and Medicare claims, was enough to survive a motion to dismiss and enter the litigation discovery process.

Click this image below for the full article.

In his practice, Markovitz serves clients from a variety of industries including government, construction, healthcare, and many more. His clients trust him to help them during their most desperate times, and they appreciate his dedication to correcting injustices that have a tremendous impact on their lives. Markovitz brings an individualized and holistic approach to every case, taking into account each client’s distinct needs and goals in resolving the dispute. His goal isn’t just to win the case – it’s also about helping each client in every way he can.

Earlier this month, Joseph Greenwald & Laake principal Veronica Nannis graciously accepted a Community Leadership award from immigrant’s rights organization, Ayuda, at its annual Thank You reception. Ayuda, the Spanish word for “help,” focuses on serving clients in Maryland, DC and Virginia by providing free or low-cost legal work, social and language access services to immigrants from 104 countries. Nannis has been active in Ayuda for several years now, including hosting events and sponsoring fundraisers. Along with grassroots activist organization, BeLoud DC, Nannis was thanked by Ayuda for “outstanding community mobilization and leadership” for increasing community awareness and taking action to protect immigrant’s rights.

The proud daughter of an immigrant from Colombia, Nannis is a seasoned attorney in the firm’s Civil Litigation department and has a personal pro bono commitment to immigrants’ rights and access to justice. In her work with JGL, she has welcomed the opportunity to represent clients from the immigrant community in the Firm’s civil rights cases, since this population is particularly vulnerable to police abuse and not typically eager to report this abuse without strong advocates on their side.  

On Saturday January 20th, Joseph Greenwald & Laake, with JGL Principal and Princeton alum Steve Pavsner, will proudly host the inaugural Princeton Alumni Schools Committee Blitz to interview prospective Princeton University applicants. Over 50 undergrad applicants are expected from Prince George’s County and the surrounding areas at the Firm’s Greenbelt, MD. office.

“I am proud and excited to have JGL host this event for my alma mater. Princeton gave me the foundation for my career here at JGL. It is wonderful to have Princeton and JGL work together to help future students,” says Steven.  

A principal in Joseph, Greenwald & Laake’s Civil Litigation Practice Group, Steve Pavsner has over four decades of experience in litigating a wide range of complex civil cases, including business litigation and professional negligence cases, such as medical, legal, architectural, accounting, engineering, and psychiatric malpractice. Steve is particularly passionate about his work in the area of legal malpractice. He believes the law is a noble profession, and takes it personally when attorneys betray their clients’ trust.

 

Jay Holland, Joseph Greenwald & Laake principal attorney, spoke to the National Law Journal about a story regarding workplace technology playing a larger role in harassment. The story, based on an article by the Financial Times, discussed employees being more connected in the workplace through social media, messaging apps and shared calendars. These connections present greater opportunities for workplace harassment. For the full article, click the image below. 

Jay Holland is a principal in the firm’s Civil Litigation Group, and is the chair of the firm’s Labor, Employment and Qui Tam Whistleblower practice. He is a renowned employment and qui tam litigator known for taking on tough cases and achieving exceptional results. 

Governor Larry Hogan, Senate President Mike Miller and House Speaker Michael Busch commemorated opening day of the 2018 General Assembly by hosting an early morning summit in Annapolis on January 10th. The summit included a networking breakfast and a live discussion of some of the most prominent issues facing the state of Maryland. The event was attended by representatives of JGL.

Jay Holland was recently featured in the January cover story for Workforce Magazine discussing emoji use in business and sexual harassment in the workplace. This is an increasingly important issue as professional communication becomes more informal.

Holland cites many possible issues of emojis, including their ability to be easily misinterpreted. Although they are images, emojis are not universal. Holland explains that what may be a positive emoji in our culture, can be interpreted as offensive in another.

Regarding sexual harassment cases, Holland acknowledges that emojis can be used as evidence in a lawsuit. “If a harasser is regularly using emojis and upping their game, so to speak, from smileys to hearts to kissy faces, that’s evidence of workplace hostility,” Holland explains. To combat this, Holland suggests that employers create preventative policies and that they treat any violations seriously.

Jay Holland is a principal in our Civil Litigation Group and chair of the firm’s Labor, Employment, and Qui Tam Whistleblower practice. He is a renowned litigator known for taking on tough cases and achieving exceptional results. Outside of the courtroom, Holland is a frequent lecturer and writer on labor, employment law, and False Claims Act cases and is often called upon to present to bar associations and other organizations. 

Workforce Magazine is a multimedia publication that covers the intersection of people, management and business strategy. Their articles cover a variety of topics from management principles, to legal issues and workplace culture.

To learn more about the issues of emoji usage, and to read the article in full, click the image below. 

Joseph Greenwald & Laake principal attorney Brian Markovitz spoke to Law360 about an employment-related story about President Donald Trump sending former White House Chief Strategist Steve Bannon a cease-and-desist letter regarding his comments in a new book, “Fire and Fury: Inside the Trump White House.”

The book by author Michael Wolff discusses the inner-workings of Trump’s administration. Bannon made a series of critical remarks regarding Trump and his family, eliciting a response from Trump on Twitter.

Brian spoke about the use of nondisparagement contracts in employment, as well as other examples of conflicts like this between high-profile employers and employees. He also spoke about Trump’s chances of success in a potential lawsuit.

In his practice, Markovitz serves clients from a variety of industries including government, construction, healthcare, and many more. His clients trust him to help them during their most desperate times, and they appreciate his dedication to correcting injustices that have a tremendous impact on their lives. Markovitz brings an individualized and holistic approach to every case, taking into account each client’s distinct needs and goals in resolving the dispute. His goal isn’t just to win the case – it’s also about helping each client in every way he can.

To read the rest of the article, click below.