Noteworthy

Hey Employers – This Is What Federal Agencies Are Planning to Do in 2023!

Happy New Year – or is it for employers? The federal agencies are planning a slew of actions that will impact the workplace, some of which may pose interesting challenges for businesses. For more, click here.

January 31, 2023
The EEOC Updates Its Resource Document for Hearing Disabilities in the Workplace

The Equal Employment Opportunity Commission has a series of Q&A documents addressing particular disabilities in the workplace, one of which is an updated Hearing Disabilities in the Workplace and the Americans with Disabilities Act. For more, click here.

January 31, 2023
D.C. Circuit Strikes Down Three Provisions of NLRB’s 2019 Election Rule

A divided panel of the U.S. Court of Appeals for the D.C. Circuit struck down three provisions of the National Labor Relations Board’s (“NLRB”) 2019 election rule (the “2019 Rule”) that amended policies and procedures related to union elections. In AFL-CIO v. NLRB, however, the D.C. Circuit, upheld two provisions and concluded that the rule, as a whole, was not arbitrary and capricious. The upheld provisions will be remanded to the federal district court where it will hear the AFL-CIO’s other arguments against the two provisions. For more, click here.

January 31, 2023
The EEOC’s Proposed Strategic Enforcement Plan – What Employers Can Expect for the Next Four Years

On January 10, 2023, the Equal Employment Opportunity Commission (“EEOC”) released its draft Strategic Enforcement Plan for 2023-2027, which gives employers valuable insight into the Commission’s top priorities in the coming years. While the draft plan is open for comment through February 9, (and you may submit comments here) the final plan is likely to look very similar to the current draft, which outlines four key subject matter priorities, in addition to numerous operational priorities. For more, click here.

January 31, 2023
Why Do You Need a Handbook Disclaimer and What Should Be In It Anyway?

A recent Alabama state court decision offers valuable lessons to all employers with employee handbooks (not just those in Alabama) on the importance of a properly drafted handbook disclaimer. For more, click here.

January 31, 2023
Support/Service Animals in the Workplace – What Should Employers Do? by Courtney Amelung,

Support/Service Animals in the Workplace – What Should Employers Do? by Courtney Amelung,

January 25, 2023
Lessons for Employers on Call-In Requirements From a Rather Troubling FMLA/ADA Decision

It is well-established that, under both the Family and Medical Leave Act and the Americans with Disabilities Act, employers may require employees to comply with normal call-in requirements, “absent unusual circumstances.” Additionally, employees are required to respond to an employer’s reasonable questions about a leave request and failure to do […]

June 26, 2024
Insubordinate Behavior May Be Protected Under the National Labor Relations Act

Although difficult to accept, employers may be required to tolerate insubordinate and unprofessional behavior from employees when such behavior is connected to protected conduct under the National Labor Relations Act – a point that the National Labor Relations Board made in a recent case. Protected Concerted Activity and Misconduct Under […]

June 26, 2024
Remember That Managers Can Be Individually Liable Under the FLSA!

A case from the U.S. Court of Appeals for the Eleventh Circuit provides a good reminder that individual owners and managers, even those at a middle level, can be held liable for violations of the Fair Labor Standards Act. What the FLSA Says. The FLSA holds “employers” liable for minimum […]

June 26, 2024
An Update on Maryland’s Paid Family and Medical Leave Insurance (FAMLI) Law

As Maryland employers should be aware, the General Assembly passed a law in 2022 that set up a paid family and medical leave insurance program (known as FAMLI). The program will apply to all employers with employees in Maryland. It will provide eligible employees with 12 weeks of paid family […]

May 31, 2024
Supreme Court Holds Courts Must Stay, Not Dismiss, Cases Sent to Arbitration.

On May 16, 2024, the U.S. Supreme Court unanimously ruled that, when a party to a lawsuit seeks arbitration pursuant to an arbitration agreement, a court must stay – and may not dismiss – the lawsuit. In so holding, the Supreme Court resolved a split among the federal U.S. Circuit […]

May 31, 2024
Very Helpful Guidance on Harassment Claims from the Seventh Circuit!

A recent opinion from the U.S. Court of Appeals for the Seventh Circuit provides much useful guidance for employers on unlawful harassment under Title VII, including third-party harassment. In doing so, the Seventh Circuit noted, Title VII “does not ensure that the worker will have wise and skilled superiors with […]

May 31, 2024

NEWS & EVENTS

TERESA TEARE AND COURTNEY AMELUNG WON A SUMMARY JUDGMENT

Teresa Teare and Courtney Amelung won summary judgment for an insurance company on an employee’s lawsuit alleging discrimination, constructive discharge, hostile work environment, and retaliation. The federal judge agreed that

SHAWE ROSENTHAL AGAIN RANKS IN TOP TIER OF MD LABOR AND EMPLOYMENT FIRMS

BALTIMORE, MD (6/12/2024) --- For the 18th consecutive year, Shawe Rosenthal LLP has been ranked in the top tier of Maryland labor and employment law firms by Chambers USA: America’s

Webinar Recording: 2024 Final FLSA Overtime Regulations

On June 18, 2024, Shawe Rosenthal Partners Mark J. Swerdlin and  Teresa D. Teare, presented 2024 Final FLSA Overtime Regulations.  Mark and Teresa helped employers understand their obligations under the

Webinar: 2024 Final FLSA Overtime Regulations

The United States Department of Labor (DOL) recently released its final rule raising the salary thresholds for employees to qualify for overtime exemptions under the Fair Labor Standards Act (FLSA). 

Paul Burgin presented a webinar to the Maryland Automobile Dealers Association

Paul Burgin conducted a webinar on recently-enacted employment laws for the Maryland Automobile Dealers Association on May 21, 2024.

Fiona Ong Was Reappointed as the General Counsel of the Maryland Chamber of Commerce

Fiona Ong was re-appointed General Counsel of the Maryland Chamber of Commerce and will serve on its Executive Committee. She is the first minority and second woman to serve in

Parker Thoeni and Paul Burgin won a Motion to Dismiss in Federal Court

Parker Thoeni and Paul Burgin won a motion to dismiss in federal court on behalf of a skilled nursing facility. The plaintiffs had alleged that the client was liable as

Michael McGuire and Jordan Dunham Won An Arbitration for a global engineering company

 J. Michael McGuire, with assistance from Jordan F. Dunham, won an arbitration for a global engineering company. The arbitrator denied the grievances filed by the International Association of Machinists and

Parker Thoeni and Paul Burgin participated in a ELA’s webinar “The FTC Rule Banning Noncompetes: Its Impact on Employers and How to Protect Your Business”

Parker Thoeni was the moderator and Paul Burgin was a panelist for the Employment Law Alliance’s webinar, “The FTC Rule Banning Noncompetes: Its Impact on Employers and How to Protect

Testimonials

  • "They provide practical, real-world-based solutions in a timely manner."

    Chambers 2023

  • Each member of the Shawe Rosenthal team we have worked with has a high level of professionalism and each has a unique skill set that they bring to the team.

    Chambers 2023

  • Shawe Rosenthal “offers tremendous expertise in litigation, regularly defending employers in disputes arising from discrimination claims, wrongful discharge issues and wage and hour work.”

    Chambers 2022

  • Sources say, “This firm is extremely attentive and responsive to our needs.  They handle complex and sophisticated matters.”

    Chambers 2022

  • “The firm’s team is always eager to dive into complex matters quickly, efficiently, and effectively.  They have deep experience and expertise.”

    Chambers 2022

  • Shawe Rosenthal “maintains its exceptional reputation for taking on employment and labor matters for the management of leading companies.”

    Chambers 2016

  • “This highly respected labor and employment boutique has a national presence and represents management in the full spectrum of labor and employment matters.”

    Chambers 2011