NLRB Scrutiny of At-Will Disclaimers in Employee Handbooks
The National Labor Relations Board (“NLRB”), which has jurisdiction to determine whether employment policies – in both union and non-union workplaces – unlawfully interfere with employees’ rights under the National Labor Relations Act (the “NLRA”) to engage in “concerted activity,” recently issued “advice memoranda” concerning the at-will disclaimers found in most employee handbooks. (more…)
Interplay of Forum-Selection Clauses and First-Filed Rule
In Mitek Systems, Inc. v. U.S. Services Automobile Association, a Delaware federal court has held that a forum-selection clause in a licensing agreement does not prevent a court in a non-selected forum from resolving disputes concerning that agreement. The forum-selection clause at issue stated that a court of competent jurisdiction sitting in Delaware would resolve such disputes. (more…)
Non-Competition Covenants in Government Contracts
In Preferred Systems Solutions, Inc. v. GP Consulting, LLC, Virginia Supreme Court has enforced a covenant not to compete in the context of a federal government contract. The contract at issue was a blanket purchase agreement, or “BPA,” under which each of ten information technology companies agreed to provide system solutions work for the Defense Logistics Agency (“DLA”) in connection with the latter’s business systems modernization program. (more…)
Personal Liability for Violation of Wage Payment and Collection Law
In Campusano v. Lusitano Construction LLC, the Court of Special Appeals has held that that a “four-factor economic reality test for ‘control’” governs whether a corporate officer can be held personally liable for a company’s failure to pay wages in accordance with Maryland’s Wage Payment and Collection Law. (more…)
Arbitration Clauses in Employment Agreements
In Falls v. 1CI, Inc., the Court of Special Appeals has held that a company’s former CEO is required to arbitrate his claim that the company violated Maryland’s Wage Payment and Collection Law by failing to pay him a bonus. The CEO’s employment agreement stated that “any dispute, claim, or controversy arising out of or relating to this agreement shall be settled by arbitration” and that arbitration fees would be “divided 50-50” between the parties. (more…)
Damages for Commercial Contract Breaches
In CR-RSC Tower I, LLC v. RSC Tower I, LLC, Maryland’s Court of Special Appeals has held that certain defendant landowners were not entitled, as part of an effort to minimize the damages awarded against them at trial of a lawsuit stemming from their breach of a land development contract, to introduce evidence that the real estate market suffered a severe downturn following the breach. (more…)
Maryland’s Employment Discrimination Law Remedies to Be Expanded – Employers Get Ready!!!
Article 49B of the Maryland Code prohibits employment discrimination on the basis of race, color, religion,sex, national oigin, age,disability,marital status,sexual orientation and/or genetic status. Until now, the law has permitted employees in only four Maryland counties(Howard, Montgomery,Prince George’s and Baltimore) to bring a judicial action for violations.