• All
  • Articles
  • Insights
  • Tips
Maryland’s New Workplace Violence Act – What Does It Mean For Employers?

By:  Andrew Scott, Esquire and Andrew Will, Law Clerk (Scheduled to be sworn into the Maryland Bar, December 15, 2021) On October 1, 2021, Maryland’s new Workplace Violence Act took effect. Although first proposed decades ago, the General Assembly did not pass the bill until April of this year, and Governor Hogan signed it into […]

Read more
Bereavement Leave Now Covered Under Maryland’s Flexible Leave Act

By:  David Burkhouse, Esquire Effective October 1, 2021, the Maryland Flexible Leave Act (“MFLA”) has been amended to authorize employees to use paid leave for bereavement leave upon the death of an immediate family member. Under the MFLA “bereavement leave” is defined as leave “an employee is allowed to use on the death of a […]

Read more
Rochelle’s Special Education Tips – Some Prepandemic Reminders For Normal Times

Some Prepandemic Reminders For Normal Times By: Rochelle Eisenberg, PK Law Attorney  Slowly but surely, we are getting back to normal. “Normal” includes making the same mistakes as before. For instance: When a private assessment report indicates the presence of a Specific Learning Disability, do not ignore it. If need be, do your own testing. […]

Read more
Fourth Circuit Widens Door For Employees to Prove Same-Sex Sexual Harassment Claims

By:  Andrew Scott, Esquire and Dan Grossman, Summer Associate (2022 J.D. Candidate) A recent federal appellate decision clarified the contours of same-sex sexual harassment claims under Title VII of the Civil Rights Act of 1964 (“Title VII”), the landmark law that prohibits discrimination “on the basis of sex” in employment.  In Roberts v. Glenn Industrial […]

Read more
EEOC Issues Guidance on Employers Offering Incentives for Vaccination

By:  David Burkhouse, Esquire On May 28, 2021, the Equal Employment Opportunity Commission (“EEOC”) issued an update to its guidance which provides valuable information to employers who are either currently offering employee incentives related to vaccination or who are considering adopting such an incentive policy. For instance, employers may request documentation evidencing an employee’s vaccination […]

Read more
Duty to Defend in Maryland

By:  Patricia McHugh Lambert This pandemic has gone on so long that I have watched and re-watched old television series involving lawyers.  I have watched LA Law, the Practice, Boston Legal, the Good Wife, Scandal, Suits and countless episodes of Law and Order.  While those shows oftentimes deal with issues of political intrigue, corporate corruption […]

Read more
Cleaning Out My Overflowing Basket: Recent and Important Maryland Insurance Cases

  By:  Patricia McHugh Lambert, Esquire I have a basket in my office that I fill with things that I should read.  Sometimes I print an article about an interesting book or person and put it in the basket. Sometimes I place an outline from a Zoom program that I half-listened to while I was […]

Read more
DOL Relaxes Rule For Determining Whether an Individual May Be Classified as an Independent Contractor Under the FLSA

By:  David Burkhouse, Esquire On January 6, 2021, the U.S. Department of Labor (“DOL”) announced its final rule which clarifies the standard employed in determining whether a worker may be classified as an independent contractor versus an employee under the Fair Labor Standards Act (“FLSA”). The effective date for the final rule is March 8, […]

Read more
A Shot In the Arm For Economic Recovery? Do Not Forget EEO Compliance Before Implementing a COVID-19 Vaccination Program in Your Workplace

  By: Adam E. Konstas, Esq. As we look ahead to what may be in store for 2021, we all seem focused on the prospect of a successful COVID-19 vaccination campaign to spur an economic recovery.  News of successful trials and photos of the first shots going into the arms of medical personnel and first […]

Read more
Remote Hearings and Proceedings – Technology Matters, Preparation is Key and Your Full Attention is Required!

Most courts quickly adopted holding remote hearings and it is likely a trend that is to stay beyond COVID-19. In order for these proceedings to feel as “normal” and engaging as possible, it is imperative that attorneys and litigants treat the proceedings the same way as if they were appearing in the courtroom and be […]

Read more
Considering the Effects on Marylanders in the Wake of the New State Daubert Standards

By:  Kathryn D. Jackson, Esquire  It has been almost four months to the day after the Maryland Court of Appeals adopted the Daubert standard for expert testimony. As noted by the court in the Rochkind v. Stevenson opinion, which first established the new standard, Daubert applies to all currently pending appeals and cases at the […]

Read more
Rochelle’s Special Education Tips – There is a Light at the End of the Tunnel – I Hope It Ain’t No Train

There is a Light at the End of the Tunnel-I Hope It Ain’t No Train This has been an extremely difficult time for school systems, and in particular for school personnel who work with disabled students. The needs of the children are immense and the demands are often unattainable. Sometimes it seems that people who […]

Read more
Are COVID “Long Haulers” Entitled to Workplace Accommodations?

By:  Andrew Scott, Esquire As the COVID pandemic stretches on, employers are increasingly likely to encounter not only employees who have tested positive for the virus but also employees who continue to experience symptoms long after they have tested negative.  These individuals—known as “long haulers”—report experiencing a wide range of symptoms, including but not limited […]

Read more
Joining the In-Crowd: Maryland Court of Appeals Adopts Daubert Standard for Admissibility of Expert Testimony

  By:  Kathryn D. Jackson, Esq. Maryland is no stranger to being a legal outlier. After all, Maryland is one of five states that hold contributory negligence as an absolute bar to recovery in negligence actions, and one of seven which apply joint and several liability. However, not to be underestimated, on August 28, 2020 […]

Read more
PK Law Member Patricia McHugh Lambert Named Baltimore “Lawyer of the Year” for Litigation – Insurance Law

  PK Law is pleased to announce that Patricia McHugh Lambert has been named Baltimore “Lawyer of the Year” for Litigation – Insurance for the 2021 Edition of Best Lawyers in America. Ms. Lambert has over 35 years of experience in handling complex commercial litigation and insurance matters. Ms. Lambert has worked on significant insurance […]

Read more
Fall Law: Avoiding Leaf Litigation

By: Robert Campbell, Esq. and Patricia McHugh Lambert, Esq. The trees have begun their annual transformation and the scent of pumpkin spice is starting to drift through the air. Yes, we have made it to autumn. While many of our favorite autumn activities have been postponed, transposed, or flat-out canceled, there is one thing that […]

Read more
Before Your Next Hire, Read This!

By:  Adam Konstas, Esquire On October 1, 2020, a new Maryland law will take effect which has two important components for Maryland Employers to keep in mind when hiring new employees: Employers will be prohibited from requesting or relying upon a job applicant’s prior wage history when determining the wages of the applicant or considering […]

Read more
Waiting for New Year’s Eve: Recommendations for Dealing with the Rest of 2020

By:  Patricia McHugh Lambert, Esquire I can’t wait for New Year’s Eve.  I don’t care whether I am spending that night at a formal event, a neighborhood party or in my pajamas in front of my television.  I will stay awake until midnight, do the countdown and electronically watch the crystal ball drop at Times […]

Read more
Maryland Adopts Additional Notice Requirements For Employers Conducting Layoffs

By:  David A. Burkhouse, Esquire  Given the recent economic challenges related to the current COVID-19 pandemic many employers have become familiar with their obligation to provide notice prior to layoffs under the federal WARN Act. However, effective October 1, 2020, Maryland employers must also comply with the new requirements of Maryland’s Economic Stabilization Act (SB […]

Read more
Employers Required to Disclose Sexual Harassment in the Workplace by July 1, 2020

By: Andrew Scott, Esquire  On or before July 1, 2020, every employer in Maryland with 50 or more employees must electronically submit a survey to the Maryland Commission on Civil Rights (“MCCR”) in order to fulfill the reporting obligations under the Disclosing Sexual Harassment in the Workplace Act of 2018. Specifically, covered employers are required to provide […]

Read more
Maryland Regulatory and Insurance Updates During the COVID-19 Crisis (June 4, 2020)

By:  Patricia McHugh Lambert, Esquire and Robert Campbell, Esquire We have been providing information as to recent Bulletins and other information sent out by the Maryland Insurance Administration. (Please see updates below listed by date). We are today providing a summary of additional Bulletins that have been issued since our last newsletter. Premium Relief On May 20, 2020, the Maryland Insurance […]

Read more
Maryland Regulatory Update Amidst the COVID-19 Crisis

By:  Patricia McHugh Lambert, Esquire and Robert S. Campbell, Esquire  For the past couple of weeks we have provided information as to recent Bulletins and other information sent out by the Maryland Insurance Administration. (Please see updates below listed by date). We are today providing a summary of additional Bulletins that have been issued since our last newsletter. […]

Read more
Rochelle’s Special Education Tips – Individualized Continuity of Learning Plan A Template

Rochelle’s Special Education Tips Individualized Continuity of Learning Plan A Template The Talbot County Public Schools has developed a very good Individualized Continuity of Learning Plan. It includes some provisions provided by by other school systems, including Anne Arundel County Public Schools. What is particularly good about it is its clarity and lack of wordiness. […]

Read more
March HR Tip

VOLUME 29 | March 2020     Coronavirus, Paid Sick Leave, and the Americans with Disabilities Act – Where do Maryland Employers stand? By: Adam Konstas, Esq. As more news breaks of the spread of the Coronavirus and the measures taken by government and private sector institutions in response, one topic that persistently arises is paid […]

Read more
Special Education Tip – Even the Notes are Under the Microscope – 141 – 2020

Rochelle’s Special Education Tips   Even the Notes are Under the Microscope IEP teams sometimes receive communications from parents and/or their attorneys and advocates who differ with the contents of Meeting Notes or Minutes. They want to pick them apart and substitute their thoughts, even how they “felt” about what was said. You have to […]

Read more
February Insurance Insight

Interested in having PK Law’s Insurance Insights delivered monthly to your inbox? Sign Up Now For Email Newsletters you can trust.      New case law, analysis, trends and news for those in the liability, risk management and insurance industry    Volume 27  |  February 2020 Coronavirus and the Effect of Communicable Diseases on Business By: Joan […]

Read more
Special Education Tip – Knockin’ On Heaven’s Door – 140 – 2020

Rochelle’s Special Education Tips   Knockin’ On Heaven’s Door An IEP team meeting may not be your idea of heaven, but there are some things that can make it more heavenly. For instance: When an assessor reviews a report by summarizing it, instead of reading it verbatim. A technical report with a lot of detailed […]

Read more
February HR Tip

VOLUME 28 | February 2020   Maryland Passes Statewide “Ban the Box” Legislation By: David Burkhouse, Esq. On January 30, 2020, Maryland joined the ranks of the growing number of states with “ban the box” laws restricting pre-employment inquiries into an applicant’s criminal record. Although the governor vetoed the bill on May 24, 2019, the […]

Read more
Special Education Tip – This Belies Credulity – 139 – 2020

Rochelle’s Special Education Tips This Belies Credulity And Why Are People So Angry? This picture is from a recent IEP team meeting held in Carroll County. Staff at the school took the “This Belies Credulity” to a new level by printing a T-shirt with a much-liked phrase from Tips and presenting it prior to the meeting. Really, some […]

Read more
January HR Tip

VOLUME 27 | January 2020   DOL’s New Overtime Rule Is in Effect – Employers Are You Compliant? By: Andrew Scott, Esq. On January 1, 2019 the U.S. Department of Labor’s (DOL) new overtime rule went into effect. Under the Fair Labor Standards Act, certain employees may qualify as exempt from the minimum wage and overtime […]

Read more