Generally no, with some notable exceptions. Under the National Labor Relations Act, employees’ discussion of wages with one another is considered a “concerted activity” that cannot be prohibited under the Act. Additionally, the U.S. Department of Labor recently issued…
Cameras, cameras everywhere! First, traffic cameras were used to enforce traffic light laws. Next, traffic cameras were used to enforce speeding laws. Now, cameras are being attached to Arlington school buses to help enforce laws banning the passing of…
Yes, under these facts the employee can likely sue for retaliation based on a recent decision by the 4th Circuit U.S. Court of Appeals, the federal circuit which covers Maryland, Virginia, West Virginia, and North and South Carolina. In…
One should never drink and drive because the punishments are severe and it is dangerous. The mandatory minimum punishment is a 12 month loss of license (with limited driving for work with ignition interlock), a $250 file plus court…
Ask the Arlington and Fairfax DUI Attorneys Question: I was parked at a public parking lot and the cop took me out and I was charged with a second DUI. Is there a chance to win this case? I…
No, the Supreme Court did not require, as a categorical matter, that every pregnant employee be treated the same as every disabled employee with respect to light duty. Distinctions could be made based on the type of disability and…
Yes, most job offers can be rescinded, even if the applicant has made preparations for the new job such as quitting current employment and even relocating to be near the new employer. One example of this recently played out…
Traditionally the answer to this question has been “no” unless the chain participated in the practice. (Hence one reason for a business to operate as a franchisor) However, recent charges by the National Labor Relations Board against McDonald’s USA,…
A set of recent decisions by the Maryland Federal Court show when a non-compete lawsuit can be pursued past an initial motion to dismiss. In Telogis, Inc. v. InSight Mobile Data, Inc., et al. (D. Md. Dec. 19, 2014),…
For most for-profit companies, the answer is generally “no.” In 2010 guidance, the Department of Labor asserted that most such interns are actually employees who should be paid wages. Since then, unpaid interns have sued several large employers, including…