NOTEWORTHY

New Year, New Minimum Wage Rates in the Mid-Atlantic.

Although the federal minimum wage remains $7.25, Maryland’s minimum wage is subject to an annual increase, with the next increase coming on January 1, 2020 – from $10.10 to $11.00 per hour.
Federal Regulations May Provide Guidance as to Maryland’s Wage-Hour Law.

The Maryland Court of Special Appeals held that, where provisions under the federal Fair Labor Standards Act and Maryland’s Wage-Hour Law are substantially similar, the federal regulations interpreting that FLSA provision are “persuasive authority as to the correct interpretation of Maryland law.”
NLRB Reinstates Arbitral Deferral Standard.

The Board announced the reinstatement of its longstanding arbitral deferral standard, which it uses to decide when to defer to an arbitrator’s grievance decision as to whether an employee’s discipline or discharge violates the National Labor Relations Act.
NLRB Returns to Standard That Dues Checkoff Provision Expires With CBA.

In Valley Hospital Medical Center, the National Labor Relations Board returned to the longstanding precedent that dues-checkoff provisions are enforceable only for the duration of the applicable collective-bargaining agreement(CBA) reached by the parties.
EEOC Rescinds Policy Statement Objecting to Mandatory Arbitration Agreements.

The EEOC has announced the rescission of a 1997 policy statement in which it objected to the use of agreements that required employees to resolve employment disputes solely through arbitration.
Changes to Wage and Hour Law Took Effect January 1, 2020

As of January 1, 2020, employers need to ensure that employees classified as “exempt” from overtime requirements are being paid the required salary. Pursuant to the U.S. Department of Labor’s final rule, the minimum salary for executive, professional, and administrative employees has increased.

NEWS & EVENTS

Eric Hemmendinger submitted comments on DOL proposed rule

Lindsey White was quoted in a December 3, 2019 Daily Record article

Eric Hemmendinger was quoted in a September 24, 2019 Daily Record article

Mark Swerdlin and Lindsey White Successfully Secured a Summary Judgment on Behalf of a Health Care Client

Darryl G. McCallum was Quoted in an Article by C. Thea Pitzen

The New Overtime Rule and Other DOL Initiatives

Elizabeth Torphy-Donzella authored an article, “Stability in Bargaining and Employee Free Choice: A Balancing of Policies that Divides the Board in Johnson Controls, Inc.”

Article – Professors Are Not Automatically Entitled to Same Pay

Lindsey White and Paul Burgin were Successful in Defending Discrimination Suit for Non-Profit

Testimonials

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

    Chambers 2016

  • Shawe Rosenthal “is known for a dedicated focus on labor and employment work, with significant strength in labor management relations, alternative dispute resolution, severance contracting and complex class actions.”

    Chambers 2015

  • Shawe Rosenthal “is known for heavy emphasis on employment litigation, including wage and hour disputes, qui tam actions and workplace discrimination. Also well regarded for its labor relations practice, offering advice to clients relating to NLRB proceedings and union avoidance.”

    Chambers 2014

  • “This fine practice is much noted for its experience representing employers before federal and state courts, the NLRB, EEOC, and other administrative agencies, as well as in arbitrations. Its attorneys have extensive expertise in matters pertaining to unfair labor practice cases and collective bargaining agreements, and continue to be in demand for their strengths in discrimination and wrongful termination litigation.”

    Chambers 2013

  • Shawe Rosenthal is a “well-regarded labor and employment” national law firm. Sources say, “they are all very good lawyers.”

    Chambers 2012

  • “This highly respected labor and employment boutique has a national presence and represents management in the full spectrum of labor and employment matters.” Sources say, “A first-class firm that listens to what we want to do and really helps us achieve our objectives.”

    Chambers USA 2011