Employment Law Webinar: Crowdsourcing Answers to Problematic HR Situations

Join us for an Employment Law Webinar:

Crowdsourcing Answers to Problematic HR Situations

September 13, 2023

9:30 AM – 11:30 AM

via Zoom Webinar

Are you worried about whether you can write up the employee who also is pregnant? Or whether you are allowed to include an employee on FMLA when considering an upcoming Reduction-in-Force? Employment laws are complex, and employer missteps in dealing with these issues frequently turn minor problems into major tragedies down the road.

Please join us for a roundtable on September 13, 2023 from 9:30 AM ET – 11:30 AM ET as we discuss multiple problematic scenarios we have observed through the years. We will pose the questions, and the room will work together to think through possible responses and solutions. Merry Campbell, Co-Chair of Shulman Rogers’ Employment Law Group will lead the discussion and provide practical advice on:

  • Harassment and Discrimination issues
  • Wage and Hour issues
  • Misclassification issues
  • Tricky remote work situations

Once registered, attendees who plan to attend virtually will receive information about how to log in to the webinar. The presentation will be recorded and is being offered as a free service to clients and prospective clients of Shulman Rogers. In keeping with our ethical obligations, no legal advice will be given during the program.

 

REGISTER HERE

 

MORE INFORMATION

 

The contents of this Alert are for informational purposes only and do not constitute legal advice. If you have any questions about this Alert, please contact the Shulman Rogers attorney with whom you regularly work or a member of the Shulman Rogers Employment and Labor Law Group.

Client Profile: Q&A with Anissa Maroof, MD of Renewed Wellness Center

We recently sat down with Dr. Anissa Maroof of Renewed Wellness Center in Bethesda, MD to discuss her business —  and how working with business attorney, Paul O’Reilly has helped her grow.

Q: Please tell us about your business.

A: Renewed Wellness Center is a woman-owned and operated new IV micronutrient therapy practice in Bethesda, MD.  We utilize micronutrients, including vitamins, minerals and amino acids, for nearly every single function in our body.  While vitamins are sold over the counter, it can be difficult to determine which ones your body actually needs.  Vitamin deficiencies are not very common, however, there is something called subclinical nutrient deficiency, where blood levels can be in the normal range, but a person could be experiencing symptoms due to inadequate levels.  When I completed my extensive medical training and became a practicing physician, my first inclination was to treat patients’ problems with prescribed pharmaceuticals.  But now, after considerable research on micronutrients, I realize that there is a way to both treat and potentially prevent certain symptoms from re-occurring.  I recognize that there will always be a place for pharmaceutical treatments, but I have seen time and again, that patients who incorporate micronutrients into their treatment plans can often take fewer medications.

IV micronutrient therapy is a great way to maintain a healthy lifestyle, but it does have medical utility in terms of potentially alleviating things like muscle and joint pain, headaches, anxiety, insomnia, fatigue, and low energy.  Micronutrients also help strengthen our bodies natural defense mechanisms by fueling our immune system to fight infections, and potentially shorten the duration of illnesses.  These treatments help with muscle recovery from strenuous workouts, and even help things like our hair, nails, and skin from aging as quickly as they normally would.  In some ways, our bodies are machines, which respond to what is now known as bio-hacking.  This is a very new concept, but once you try it, and see the benefits, you will want to maintain whatever nutrients your body responds to.

Q: How is Renewed Wellness different?

A: You will see IV micronutrient therapy primarily in the wellness space, but there are tremendous therapeutic benefits as well.  I see each individual patient for their medical clearance evaluation and can provide more insight and direction when it comes to which micronutrients will best suit each person.  Other places offer a menu for their patrons to choose for themselves, but at Renewed Wellness Center, I offer a more personalized treatment plan, and I am available for consultations for follow-up options, when there is interest in trying additional nutrients.

Q: What is the best business advice you’ve received?

A: The best business advice I’ve received is to always check with my lawyer before signing new contracts, or making deals.  I made the mistake of hiring the wrong advertising company, without consulting with Paul O’Reilly first, and suffered the consequences of my actions.  Paul told me that, if I had reached out to him, he “would have saved me a lot of money.”  It’s easy to think, as a business owner, that you can do everything yourself, mainly because you just want to get things done.  I learned that checking with someone, in my case — Paul — is imperative to the process of starting a new business and hiring new people and vendors.

Paul O’Reilly has been my lawyer who now manages all of my contracts in my businesses, and gives me advice on employing individuals in my practices.  He has been amazing in that he is readily available and responsive, and he offers thoughtful tips on how to manage my businesses.  As a multi-business owner, I’ve had more specific needs, and even if it just meant giving me a referral, he would go out of his way to ensure that the introductory process went smoothly and that I was able to connect with his referral sources.  His work has been invaluable to my businesses, and I’m so grateful that I serendipitously met him at a birthday party that both of our daughters attended.

Q: What is the next step for your business?

A: The next step for my business is to grow it.  I’m actively advertising on social media, and getting leads that way, but the process has been slower than I expected.  I’ve been practicing traditional medicine for over 12 years, and it is nothing like having an IV therapy practice.  As the practice gets busier, I hope to do some anecdotal case reports to discuss some of the trends I’m seeing in my IV practice, and how these results compare to the current literature on micronutrients.  I love to learn and I love to teach, so it is also a dream of mine to start a podcast on bio-hacking.  My practice has been open for just a few months, and I am already impressed with how useful these treatments are.  I began my own IV therapy journey when we opened in March of 2023, and after just a few months, I have been able to stop taking my oral and topical medications for rosacea, and the intensity and frequency of my migraines have diminished noticeably.  My goal is to spread the word on how much micronutrients can help us in our day-to-day lives.  It has been amazing, and I hope to hear more stories about these experiences.

Employment Law Alert – In FLSA Case, Supreme Court Rules that Overtime Pay is Due Despite Six-Figure Income

In a majority opinion on February 22, 2023, the United States Supreme Court in Helix Energy Solutions Group, Inc. v. Hewitt held that a highly paid employee was not exempt from the overtime requirements of the Fair Labor Standards Act (“FLSA”) because he was paid a daily rate and not a guaranteed salary. In light of this ruling, highly compensated executive employees may be entitled to overtime pay if they are paid at daily rates.

The Facts

Here, the respondent Michael Hewitt (“Hewitt”) worked on an oil rig for petitioner Helix Energy Solutions Group (“Helix”) at a daily rate of $963, typically working 84 hours per week, seven days per week. Hewitt did not receive overtime compensation. Hewitt’s paycheck every two weeks equaled his daily rate times the number of days worked in the pay period and therefore he earned over $200,000.00 per year.

Hewitt filed suit against Helix claiming that he should be entitled to overtime pay under the FLSA which guarantees overtime to covered employees when they work more than 40 hours per week. In response, Helix asserted that Hewitt was exempt from overtime pay under the FLSA’s “bona fide executive” exemption. Under this exemption, executives must be paid on a “salary basis,” meaning that their predetermined pay must be calculated on a weekly or less frequent basis and not tied to the hours worked per week. The current regulations require that they must also have a minimum pay of $684 per week. Succinctly, the issue before the Court was whether highly compensated executive employees who are paid at daily rates are paid on a “salary basis.”

The Court’s Ruling

The Court held, on the facts of the case, that Hewitt was not exempt from receiving overtime under the FLSA. According to the Court, a daily rate is not the same as a salary for purposes of the FLSA. Merely meeting the required level of compensation is not sufficient. Therefore, employees paid on a daily rate are entitled to overtime unless they qualify for another FLSA exemption. The Court noted that “[e]mployees are not ‘deprived of the benefits of [overtime compensation] simply because they are well paid.’”

Key Takeaway

This decision will have broad implications for employers not only in the oil and gas industry, but also other industries that have historically paid employees on a day-rate basis. In light of this decision, an employer paying a daily rate to an employee classified as exempt should review its pay practices with counsel to determine whether the practices present any risk for unpaid overtime and take prompt steps to mitigate that risk – as this issue could be the subject of future litigation.

Employers should note, however, that applicable state and local laws may have different requirements from the FLSA, and impose overtime or other requirements that do not have exemptions mirroring the FLSA. In light of this decision, the Shulman Rogers Employment and Labor Law Group recommends that employers review their compensation practices – especially if using/based on a daily rate as opposed to an annualized salary.

CONTACT

Gregory Grant

Anna Margolis

MORE INFORMATION

The contents of this Alert are for informational purposes only and do not constitute legal advice. If you have any questions about this Alert, please contact the Shulman Rogers attorney with whom you regularly work or a member of the Shulman Rogers Employment and Labor Law Group.

To receive Employment Law Alerts and other timely news and information from Shulman Rogers, please click HERE to subscribe.

Investment Funds Alert: Advisers to Private Funds Still in the Spotlight as 2023 Examinations Loom

On February 2, 2023, the Securities and Exchange Commission’s Division of Examinations announced its examination priorities for 2023, which focus significantly on advisers to private funds. The Division of Examinations will conduct examinations with a view to ensuring compliance with new rules that apply to investment advisers, with an emphasis on investor protection.

Advisers to Private Funds. The Division has identified and will continue to target certain practices commonly employed by registered investment advisers to private funds that it deems inconsistent with the public interest and investor protection.  There will be increased emphasis on advisers’ fiduciary duties to clients, conflicts of interest, fees and expenses, custody, compliance policies and procedures and marketing materials. Examinations in 2023 also will focus on advisers’ investment strategies, investment recommendations and allocations, risk management and related disclosure.

Marketing Rule.  The Division has telegraphed its intent to test compliance with the new Marketing Rule under the Investment Advisers Act, as well as whether registered investment advisers have adopted and implemented written compliance policies and procedures that are designed to prevent violations of the new rule.

ESG. With the proliferation of investment advisers and funds purporting to execute an ESG strategy, the Division will continue to scrutinize advisers and their funds to determine whether their products are labeled appropriately and whether recommendations of investment products to retail investors are in the investors’ best interest.

Retail Investors. Compliance with Regulation Best Interest will once again be a key element in examinations of investment advisers in 2023, in light of the Division’s stated objective of determining whether investment advisers are placing the interests of retail investors ahead of their own. The Division indicated it will review investment recommendations and alternatives, conflicts of interests and other matters to determine how investment advisers are satisfying their fiduciary and other obligations to retail investors under the Investment Advisers Act and Regulation Best Interest.   

Information Security. The Division will review investment advisers’ information security and business continuity protocols to prevent interruptions of critical services to clients and to protect client information. Cybersecurity and other issues related to the use of third party product and service providers, including whether registered investment advisers have sufficient information regarding the security of those third party products and services, will be assessed.

Emerging Technologies and Crypto Assets. The recommendation, offer and sale of crypto or crypto-related assets continues to be a concern of the Division and other regulators and will be tested against fiduciary standards imposed on investment advisers.  During examinations of registered investment advisers, the Division also will determine whether the advisers are satisfying their obligations to review, assess, document and update relevant compliance disclosure and risk management policies and practices.

 Preparation is Key. It is critical for registered investment advisers to prepare in advance for examinations.  Although the Division has listed its priorities for 2023 examinations, other issues may be targeted during your examination. Don’t be caught flat-footed. Now is the time for advisers to private funds to schedule a compliance review to prepare for the next examination.

MORE INFORMATION

The contents of this Alert are for informational purposes only and do not constitute legal advice. If you have any questions about this Alert, please contact the Shulman Rogers attorney you regularly work with or Kimberly Mann, Co-Chair of our Investment Funds Practice.

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Meredith Campbell and Joy Einstein share strategies to handle workplace romance with HRMorning

Shulman Rogers’ Merry Campbell and Joy Einstein recently spoke with HRMorning on ways employers can best navigate workplace romance. 

Their strategies encourage employers and HR professionals to understand that workplace romance does exist and how to best address those relationships. When there is no power dynamic between the individuals and their relationship is consensual, one strategy that Merry Campbell and Joy Einstein suggest is a relationship contract or “Cupid Contract”.

Read more about addressing workplace romances and what a “Cupid Contract” entails in the full article on HRMorning.

Michael Lichtenstein Co-Authors Article on Unrecorded Deeds of Trust for The Banking Law Journal

Shulman Rogers Bankruptcy, Restructuring and Creditors’ Rights attorney, Michael Lichtenstein was honored to be published in the February 2023 edition of The Banking Law Journal.  He co-authored the article, Unrecorded Deeds of Trust: Take Them Out of Your Pocket Before They Burn a Hole, with Rebekah Paradis.

Nancy Kuhn on Charitable Conservation Easements in Bloomberg Tax

Nancy Kuhn

Bloomberg Tax recently published an article written by Shulman Rogers’ Tax attorney, Nancy O. Kuhn in its January 2023 Tax Management – Estates, Gifts and Trusts Journal.

Nancy’s article, Destroying Charitable Conservation Easements Is Not Within Congressional Intent, updates the state of the law regarding the much-maligned charitable conservation easements. Recent developments are not in keeping with legislative intent to protect our environment.  Instead, it is Nancy’s opinion that more attention should be paid to valuation of easements and whether the easement actually protects the environment. Instead, the Internal Revenue Service has focused on completely invalidating the easements and disallowing 100% of taxpayers’ charitable deductions due to legal technicalities.  The IRS and most Federal courts are directly impeding the legislative purpose of section 170(h) and discouraging the protection of our environment.

Click here to read Nancy’s article. Reproduced with permission from Bloomberg Tax & Accounting. Published Jan. 12, 2023. Copyright 2023 by Bloomberg Industry Group, Inc. (800-372-1033) https://pro.bloombergtax.com/

Employment Law Webinar: Register Now for a Year-End Wrap Up Webinar

 Register Now for a Year-End Wrap Up Webinar with Merry Campbell

December 6, 2022

10:30 AM – 12: 00 PM

Via Zoom

During this webinar, Shulman Rogers’ Employment Law Group Co-Chair, Merry Campbell will join Michele Stein, Area Senior Vice President of Gallagher, to discuss the Employment Law issues we faced in 2022, how we handled them and what to expect in 2023.

We will outline recent changes to federal and local employment law, things to consider when planning for a return to the office,  policy updates, leave issues, wage disclosure, restrictive covenants, wage classification and other issues that impact your people.

In keeping with our ethical obligations, no legal advice will be given during the program.

REGISTER HERE

 

MORE INFORMATION

 

The contents of this Alert are for informational purposes only and do not constitute legal advice. If you have any questions about this Alert, please contact the Shulman Rogers attorney with whom you regularly work or a member of the Shulman Rogers Employment and Labor Law Group.

Shulman Rogers Promotes Four New Shareholders

POTOMAC, Md. Nov. 1, 2022/PR NEWSWIRE/ – Shulman Rogers is pleased to announce that Justin A. DeVault, William F. Gibson II, Amanda W. Gilbert and Alison H. Graham have been elected as shareholders of the Firm.

“The Firm is committed to the development and mentorship of our associates, and we are proud to see these four attorneys rise to shareholder status,” said Managing Shareholder, Samuel M. Spiritos.  “Justin, Bill, Amanda and Alison epitomize the stellar talent Shulman Rogers brings to our local, regional and national clients.”

Justin A. DeVault uses comprehensive estate and tax planning to help clients plan for the future. By working closely with clients throughout the various stages of their lives, he helps them preserve wealth for future generations by protecting the assets they have worked hard to accumulate while minimizing federal and state estate tax liability. Justin earned his J.D. from the University of Baltimore School of Law and his B.S., magna cum laude, from West Virginia University.

Builders, developers and construction industry professionals hire William F. Gibson II when they need a creative litigator who can not only solve their legal disputes but also help avoid them in the first place. Clients appreciate that Bill’s preventative approach reduces their risk of future legal conflicts, ultimately saving them time and money. Bill received his J.D. from Hofstra University School of Law and his B.A. from the University of Virginia.

Amanda W. Gilbert represents individuals in all aspects of family law, including divorce, custody, adoption and assisted reproductive technology.  She strives to help clients regain control of often-overwhelming situations, and crafts creative solutions to help them achieve their goals. Amanda earned her J.D. from the University of Chicago Law School and her B.A., with honors, from Washington University in St. Louis. 

An experienced litigator, Alison H. Graham uses her confidence and composure to help individuals and organizations involved in landlord-tenant and contract disputes involving housing discrimination, property contamination and defects, broker misconduct, mortgage fraud and premises liability. Alison received her J.D., magna cum laude, from the University of Baltimore School of Law and her B.A., magna cum laude, from the University of Maryland.

Lori Swim  |  Media Relations

T 301.255.0527   E lswim@shulmanrogers.com

About Shulman Rogers

Shulman Rogers is one of the largest law firms in Metropolitan Washington, offering local, regional and national clients a full range of business and personal legal services. Additional information on Shulman Rogers and its practice areas is available at ShulmanRogers.com.

Euroflex Ranked Top Steam Mop by Good Housekeeping

Good Housekeeping recently named Euroflex M4S Hybrid Steam Mop as the best Heavy Duty Steam Mop in its list of the 9 Best Steam Mops for 2022.

Scientific experts from the Good Housekeeping Institute have tested thousands of products in the home, beauty, tech, food, clothing and health space to find the best products on the market. Its exhaustive analysis is key to the unrivaled trust that consumers have in the Good Housekeeping Seal, one of the most recognized consumer emblems in the U.S. for over 115 years.

Attorneys in Shulman Rogers’ Business and Financial Services Department are gratified to provide legal counsel to Euroflex and celebrate this recognition with them.

Congratulations!

About Euroflex

Euroflex is revolutionizing the home cleaning industry around the world with its proprietary Ultra Dry Steam Technology. We design our products to be the most effective solutions for cleaning & sanitizing your home without the use of harsh chemicals and solvents. Euroflex continuously innovates to simplify the cleaning process and provide a healthy home environment for you and your loved ones.

Land Use Update: Medical Office Building Approved for Downtown Columbia  

 

On July 7, 2022, the Howard County Planning Board approved a site development plan for a new 85,000 square foot medical office building in Downtown Columbia.  Shulman Rogers attorney Todd Brown, who serves as land use counsel to the Howard Research And Development Corporation (an affiliate of The Howard Hughes Corporation), guided HRD and its team of architects, engineers and planners in securing the latest approval for the burgeoning Third City between Washington, D.C. and Baltimore. 

The medical office building will be located on a site that fronts Lake Kittamaqundi next to the Frank Gehry-designed building that served as Headquarters to Columbia founder The Rouse Company for many years.  The project site was improved as a surface parking lot in the 1970’s and is partially located within the 100-year floodplain.  Reconfiguring the  floodplain to include a flood storage chamber beneath the new building comprises a particularly novel element of the project, along with its unique design in relation to the Lakefront and Gehry’s signature building next door. HRD will complete and occupy the building in 2023.

For additional information on zoning, subdivision and other land use matters in Howard County or Montgomery County, please contact Todd at tbrown@shulmanrogers.com

Another Great Season for Shulman Rogers Softball

July 8, 2022

Last night, Shulman Rogers wrapped up another outstanding season on the diamond! 

The Firm was thrilled to field a team in the 2022 Montgomery County Bar Association Softball League – and players and spectators thoroughly enjoyed each and every game.

Special thanks to Team Manager Paul Schwinn for his endless enthusiasm and solid leadership.  Until next year…