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Employment & Labor Law

Social Security; disability claim; substantial evidence; basis for expert’s opinion

On Behalf of Berenzweig Leonard, LLP | May 6, 2019 | Employment & Labor Law

Biestek v. Berryhill, Acting Commissioner of Social Security, ___ U.S. ___, No. 17-1184 (1 April 2019). For many years, Michael Biestek was a construction worker.  Because of the rigors of the work, he developed medical problems: degenerative disc disease, Hepatitis C, and depression.  Eventually, he stopped working and applied for…

Immigration; Detention Of Illegal Aliens Pending Removal Proceedings; Denial Of Bond Hearing

On Behalf of Berenzweig Leonard, LLP | April 2, 2019 | Employment & Labor Law

Nielsen v. Preap, ___ U.S. ___, No. 16-1363 (19 March 2019) If the government arrests an alien, because the government believes that the alien is in the United States illegally and therefore deportable, then generally the alien may apply for release on bond or parole while the question of his…

Taxation; Discriminatory Taxation; West Virginia’s Taxation Of Federal Retiree’s Retirement Benefits

On Behalf of Berenzweig Leonard, LLP | March 25, 2019 | Employment & Labor Law

Dawson v. Steager, ___ U.S. ___, No. 17-419 (20 February 2019) In McCulloch v. Maryland, 4 Wheat. 316 (1819), the Supreme Court invoked the Constitution’s Supremacy Clause to invalidate Maryland’s attempt to tax the Bank of the United States.  Chief Justice Marshall wrote: “the power to tax is the power…

Nationwide Movement To Limit Non-Competes

On Behalf of Berenzweig Leonard, LLP | March 14, 2019 | Employment & Labor Law

Despite growing national attention and even certain state legislative action, many states continue to allow employers to widely use non-compete agreements that restrict an employee from competing against the employer’s business. These restrictive covenants generally must be reasonable in scope and specifically designed to protect an employer’s legitimate business interests…

Firefighters Fight For Rights In Age Discrimination Suit

On Behalf of Berenzweig Leonard, LLP | November 14, 2018 | Employment & Labor Law

Mount Lemmon Fire District v. Guido, ___ U.S. ___, No. 17-587 (6 November 2018) Age Discrimination in Employment Act (ADEA) Faced with a budget shortfall, Mount Lemmon Fire District, a political subdivision in Arizona, laid off its two oldest full-time firefighters. The two firefighters sued the Fire District,…

Negligence, Duty Of Care, Recognizable Risk Of Harm And Asbestos Dust

On Behalf of Berenzweig Leonard, LLP | October 23, 2018 | Employment & Labor Law

Quisenberry v. Huntington Ingalls Incorporated, ___ Va. ___, No. 171494 (11 October 2018) Negligence, duty of care, recognizable risk of harm, asbestos dust From 1942 to 1977, Bennie Quisenberry worked for Newport News Shipbuilding and Dry Dock, now known as Huntington Ingalls Incorporated…

BL to Host Panel Discussion on the Impact Bid Protests Have on HR Strategy

On Behalf of Berenzweig Leonard, LLP | July 26, 2018 | Employment & Labor Law , Government Contracts

On Friday, July 27th from 8-10 am, Berenzweig Leonard, LLP will be hosting a panel discussion on the impact Bid Protests have on HR Strategy. The discussion will cover upcoming legislation, the impact that bid protests have on the workforce, and HR strategy. Panelists include: Laura Giangiuli (VP & HR,…

An Important Case that Impacts Arbitration Between Employers and Employees

On Behalf of Berenzweig Leonard, LLP | May 31, 2018 | Business Litigation , Employment & Labor Law

Epic Systems Corp. v. Lewis, ___ U.S. ___, No. 16-285 (21 May 2018) This is an important case that will impact the use of arbitration to litigate disputes between employers and their employees. The decision concerns three consolidated cases that differ in detail but not in substance. In each case,…

Supreme Court Decides Tolling Provision “Stops the Clock”

by Stephanie Wilson | January 26, 2018 | Employment & Labor Law

In Artis v. District of Columbia, the U.S. Supreme Court issued a 5-4 decision with a significant impact on both employers and employees when it held that any statute of limitations on an employee’s state law claims are suspended during the pendency of a federal law suit in which the…

Maryland Passes Paid Sick Leave Law

On Behalf of Berenzweig Leonard, LLP | January 24, 2018 | Employment & Labor Law

For businesses in Maryland, it’s time to take another look at your company’s policy on paid sick leave. The Maryland Healthy Working Families Act goes into effect on February 11, 2018. The Act requires Maryland businesses with at least 15 employees, including part-time, full-time, temporary, and seasonal workers, to offer…