By Jessica Summers  On November 8, 2022, Marylanders decisively voted to legalize recreational marijuana for adults 21 and over.  The law, which will go into effect on July 1, 2023, will allow for the use and possession of up to 1.5 ounces of marijuana in Maryland.  Possession of larger qualities of marijuana will still be prohibited (possession of more than 1.5 oz but less than 2.5 oz. can will be punishable by a civil fine of up to $250 and possession of more than 2.5 oz. will be punishable by a fine of up to $1,000 or six months in jail).  The ballot initiative does ..read more

By Jessica Summers  For more than two years now, DC has been in the process of rolling out one of the Nation’s strictest non-compete laws.  After significant postponements and amendments, the law, in its latest amended form, went into effect on October 1, 2022.   So what do DC employers need to know going forward? Immediate Action Required  Bottom Line – Employers that have agreements or policies (including handbook provisions) containing confidentiality or moonlighting/outside employment provisions must provide copies of these any covered DC employees as ..read more

By Hayes Edwards Written with assistance from Zachary Aman, Law Clerk Employers are well aware that discrimination and harassment against employees is unlawful, but a recent ruling by the Fourth Circuit Court of Appeals (which covers Maryland, Virginia, North Carolina, South Carolina, and West Virginia) serves as an important reminder that, in certain circumstances,  employer liability can extend to misconduct by third parties (other than co-workers).  In that case, an employee of a North Carolina assisted living facility resigned and filed an EEOC complaint and subsequent lawsuit af ..read more

By Scott Mirsky While the thought of being sued by a single worker for unpaid wages is enough to give most restaurant owner’s heartburn, the implications of being sued by a large group or class of workers can be a real life nightmare. Wage and hour collective and class action lawsuits against restaurants are a prime target for plaintiffs’ attorneys.    Below is a Q&A regarding class and collective actions, with several preventive steps a restaurant or restaurant chain can take to greatly reduce its legal exposure.   1. What are wage and hour collective and class action ..read more

By Jessica Summers  On October 1, 2022, Maryland’s expansion to the state’s “Move Over” law went into effect. Maryland’s law previously required that motorists move over to the next lane when emergency vehicles are stopped on the side of the highway.  This term, the General Assembly expanded the law so that drivers are now required to move over for any vehicles with their hazard lights on, or where road flares, traffic cones, or other caution signals out.  Violations of the expanded law will result in fines starting at $110.  In the event of an accident resulting from a v ..read more

 By Jessica Summers In 2015, DC legalized possession of small amounts of marijuana.  But unlike many jurisdictions which have legalized marijuana or other cannabis products, DC law was silent about whether employers could discipline employees for lawful off-duty use of the substances – until this summer.  In June, D.C. Council passed the Cannabis Employment Protections Amendment Act of 2022 which prohibits employers from refusing to hire, terminating or disciplining employees for using cannabis, being a medical cannabis program patient or having a drug test detect cannabis in th ..read more

By Jessica Summers This year, Maryland joined the growing number of states and localities that have implemented paid family leave programs.  The Maryland Time to Care Act of 2022 will establish a state fund to provide paid leave benefits for employees who need to take time away from work for certain specified reasons.  The new Maryland program follows a similar structure to the DC paid family leave program that went into effect in 2020. Understandably, employers and employees have many questions about the new law.  The Maryland Department of Labor (MD DOL) is expected to issue i ..read more

 By Scott A.Mirsky     The elimination of the tip credit is back on the ballot for DC residents in November.  Initiative 82, if passed, would eliminate the tip credit over a five-year period and require DC employers to pay all employees the non-tipped minimum wage by July 1, 2027, as follows: Date                             Cash minimum wage paid to tipped workers By January 1, 2023 $6.00/per hour By July 1, 2023 ..read more

By Hayes Edwards Mechanic’s liens are known to be powerful resources to help collect unpaid construction debts.  They allow contractors (and others) to create a lien against their customer’s property before their claim even gets to a court.  Compared with the typical process—where a lien is the result of exhaustive litigation—this procedure allows credits to “start at the end.”  But the steps to obtaining a mechanic’s lien are not always intuitive, and not all construction companies can qualify.  Even worse, a mis-handled lien application can waive valuable rights. The most ..read more

By Jessica Summers Over the last month, there have been a few significant developments that employers should be aware of when it comes to the use and enforceability of arbitration agreements.  As summarized below, for the time being, employee or contractor arbitration agreements are still enforceable in most contexts.  However, further changes may be on the horizon. The takeaway is that, particularly in light of the developments descried below, employers should think carefully about if and when they use arbitration agreements with their workers and should ensure that the language of ..read more