Labor and Employment Practice Group

Who We Are | How We Consult With Your HR Team | The Laws We Practice | When to Contact HR

Who We Are

• Kate Widmayer, Chief Labor and Employment Counsel
• Andrea Murphy, Associate Counsel, Labor and Employment
• Sue Dent, Associate Counsel
• Trevor H. Coe, Associate Counsel

How We Consult With Your HR Team

Our labor and employment attorneys support human resource and other departments across UMMS and its member organizations by counseling on a wide range of labor and employment matters. If you need assistance with an employee matter, please reach out to your HR department. If necessary, your HR department will consult with our attorneys.

Our labor and employment attorneys assist HR by:

• Providing HR with counsel on challenging or complex employment matters. We provide advice on compliance with laws that affect the workplace. This includes equal employment opportunity (“EEO”), whistleblower, wage and hour, labor, sick leave, and workplace safety laws.
• Responding to employee disputes. We frequently respond to demand letters and complaints of discrimination or other alleged violations of employment law. This includes regularly handling matters with the Equal Employment Opportunity Commission, Maryland Commission on Civil Rights, and Federal and Maryland departments of labor, among other government agencies that enforce labor and employment laws. We also can assist in settlement of employment disputes without resort to litigation or other legal action.
• Reviewing reductions in force as a result of a department reorganization. We also assist HR with reviewing the steps and documentation necessary for a severance agreement arrangement.
• Providing training and other outreach. We help educate leadership improve employee relations and legal compliance by offering trainings on various employment law topics. This can include, for example, hiring and onboarding; the laws governing employment; navigating the ADA, FMLA, and workers’ compensation laws; and sexual harassment prevention training.

The Laws We Practice

We provide HR with legal counsel on:

• Equal Employment Opportunity (“EEO”) Laws
  • Title VII of the Civil Rights Act of 1964 (“Title VII”) generally prohibits discrimination against applicants and employees on the basis of race, color, national origin, religion, and sex (including pregnancy, sexual orientation, and gender identity).
  • The Americans with Disabilities Act (As Amended) (the “ADA”) as well prohibits discrimination against qualified individuals with a disability. The ADA also requires employers to provide reasonable accommodation to disabled individuals, unless doing so would cause an undue hardship on business operations.
  • The Age Discrimination in Employment Act (the “ADEA”) prohibits discrimination against individuals on the basis of age (40 years or older). The ADEA also contains particular requirements for legally adequate waivers of claims.
  • State and local nondiscrimination laws, such as the Maryland Fair Employment Practices Act (“MFEPA”), provide for their own forms of relief for aggrieved employees. They often contain additional classes of protection from employment discrimination, such as marital status.
  • Retaliation is prohibited under several federal and state nondiscrimination laws. In general, employees are protected from retaliation for engaging in protected activity, such as complaining about workplace discrimination or harassment or participating in an EEO investigation.
  • Harassment on the basis of protected status similarly is prohibited. Some circumstances may warrant anti-harassment training.       
• Wage and Hour Laws
  • The Fair Labor Standards Act (the “FLSA”) is the federal law governing minimum wages, overtime, break times, employee classification (exempt vs. nonexempt status), and more. Maryland’s counterparts, the Wage and Hour and Wage Payment and Collection laws, also offer wage-related protections for employees. These laws govern issues such as payroll practices and wage deductions
  • The Family and Medical Leave Act (the “FMLA”) provides qualified employees with job-protected leave for their own (or their family member’s) serious health condition(s).
  • For its part, Maryland law provides for additional kinds of family, sick, or other leave benefits.
• Labor Law
  • The National Labor Relations Act (“NLRA”) governs union activity and protected concerted activity of employees. In particular, NLRA standards for workplace policies tend to change with shifts in U.S. political power. Some of the policies commonly affected include employee confidentiality, electronic and social media use, and other employee conduct policies.
• Reductions In Force
  • The Federal WARN Act and the Maryland Economic Stabilization Act (mini-WARN Act) impose particular notice requirements on employers who are conducting certain kinds of layoffs or other reductions in workforce.
  • The ADEA requires that releases of legal claims meet certain criteria to be enforceable. Such releases often are used during layoffs and/or with offers of severance packages to employees.
• Workplace Safety
  • The Occupational Safety and Health Act (“OSHA”) is the federal law regulating the safety of work environments.
  • Maryland Workers’ Compensation law provides benefits to employees for certain job-related injuries.
• Tort Actions
  • The Maryland common law provides employees and other individuals with additional avenues for relief from harms arising out of the employment relationship and in the employment context. This includes wrongful or abusive discharge, constructive discharge, and negligent hiring, retention, or supervision of staff.
• Contract Actions
  • Although Maryland is an “at-will” employment state, there may be situations throughout the employment relationship that warrant the use of one or more contracts between employer and employee. Examples that commonly arise in this context are severance agreements, noncompetition, nondisclosure, and confidentiality agreements, settlements, and release and waiver of claims agreements.

When to Contact Human Resources

The laws regulating the employment relationship frequently evolve and can be complex and difficult to navigate. Please contact your HR department for assistance with your labor and employment-related legal matters. If necessary, HR will reach out to our lawyers for consultation.