What amount of unemployment tax does a Maryland Employer pay for each employee in a year?

$187-$1,147 (in 2012).  The range is because an employer's tax rate is based on its claims history over a period of three years.   The lowest rate is 2.2%; the highest rate is 13.5%.   Employers are only taxed on each employees first $8,500 in wages.   Overall rates are likely to be lowered in 2013.   Even at the very highest end, the total tax per week is under $25.

I have represented employees at several recent unemployment hearings.   It always surprises me how personally some employers take claims for uninsurance benefits.  Most such claims have little affect on the  employer's experience rating and its bottom line.

How Much Does an Entry-Level Maryland Wage and Hour Investigator Make?

$28,434 - $44,520.




There are three ways to enforce the Maryland Wage Payment and Collection Law, the Law that allows Maryland employees to recover earned but unpaid wages.  The three ways are:

1. By filing a civil lawsuit; 
2. By filing a criminal complaint for a willful violation (I have never seen this done successfully); and
3. By filing a claim with the Maryland Department of Labor (the "DLLR").  The DLLR may assign an investigator to investigate your claim.  As mentioned, the DLLR currently is hiring an investigator and is offering a salary of  $28,434 to $44,520.  

Pending Law Will Ban Employer Facebook Password Queries

My take on the pending Maryland Law  (waiting for the Governor's signature) banning employer requests for social media passwords:

“Fishing expeditions into an employee’s private life are both bad form and an invitation for discrimination and breach of privacy claims,” Rubin says. “The real question to me, regardless of liability, is do you want to work for an employer who wants to snoop through your private information and does not trust you simply to provide it yourself?”

(I apologize for the obvious horn toot and the bad picture).

Q: What amount of fines has Maryland collected under the Workplace Fraud Act of 2009?

A:  Zero.


  I have written about the Maryland Workplace Fraud Act of 2009 in the past.  The law was subject to intense disagreement between the Maryland Department of Labor and the Maryland Chamber of Commerce.  The Law  grants to the Maryland Department of Labor the authority to investigate the misclassification of employees as independent contractors in the construction and landscaping industries. The Act allows an employer who misclassifies an employee but does not do so knowingly to come into compliance within 45 days without penalty. Employers who "knowingly" misclassify employees, however, may be subject to a penalty of up to $5,000 per misclassified employee. 


A recent fiscal note to an amendment to the Act states the following about its enforcement:

As of December 2011, DLLR’s Task Force on Workplace Fraud had conducted  660 investigations under the Workplace Fraud Act, and issued 12 citations, which  translates into a 98% compliance rate.  The task force collected $33,000 in civil fines  from employers for failing to provide employment records in a timely fashion, but it has  not assessed fines for misclassification because the cited employers have either come into compliance or have their cases still pending.

New Maryland Law Protects Unemployment Benefits for Victims of Domestic Violence

The Maryland General Assembly passed a law, effective October 1, 2012, that will protect victims of domestic violence.   The law states that an individual is eligible for unemployment benefits if it is determined that the individual voluntarily left employment because he or she or his or her spouse, child, or parent was a victim of domestic violence. The individual must (1) reasonably believe that the individual's continued employment would jeopardize the safety of the individual or the individual's family; and (2) provide documentation substantiating the domestic violence.   The law's fiscal note give a no nonsense explanation of the sources of funds for unemployment benefits.  

Attorney Disbarred for Conduct Related to Her Handling of Employment Law Claim

As follow up on my last post on hiring an employment lawyer, here is a decision disbarring a Maryland attorney in part related to her handling of an employment law case.  While this attorney may (or may not) have been adept at bankruptcy law, it appears she was not so skilled when it came to employment law.

Hiring An Employment Attorney

   If you are searching for an employment attorney, you most likely have come across lawyer marketing material. These materials include pay-per-click ads, videos, testimonials, and websites.  The message of these ads usually is some variation of: sue your former employer using  our law firm because it is the most aggressive, knowledgeable, and experienced in the area.

  But this message is at odds with the advice most good employment lawyers give their potential clients facing litigation:  there are risks and uncertainty ahead; the legitimate grounds for employment law claims are narrow; the law is complex; and the system is, at times, unpredictable. Even when a client has a good claim, he or she will fighting an employer that likely has greater resources than the client.  

  A potential client should look beyond the lawyer marketing messages. He or she should seek out the best possible lawyer for the situation.  A potential client should do the research.  In outline form below, I set forth some tangible and intangible ways a potential client can do just that.   

          

• Tangibles
• Is the lawyer licensed?  In Maryland check here.   
• Has the lawyer been disciplined?  In Maryland check here.  
• How long has the lawyer been practicing?    
• Have clients posted public reviews?      Avvo is a good place to look for answers.
• How many cases has the lawyer filed and has he or she taken any to verdict and judgment?  Though the records can be difficult to decipher, Maryland State Court Case docket information and Federal Court case information (registration and fees required) are available.
• Does the lawyer really focus his or her practice on employment law?

• Intangibles
• Meet with the potential lawyer in person if possible. 
• Is the lawyer (not just the staff) easy to reach by phone and electronic mail?
• Does the lawyer appear worthy of your trust?
• Is the lawyer willing to give you examples of his or her past experience?
• Is the lawyer willing to give you an estimate of the costs going forward?
• Expect to pay for good representation. Seek out attorneys who are willing to take a flexible approach to billing arrangements.  
• Written retainer agreements are a must.

Baltimore Business Journal Article on Non-compete Agreements (Subscription Required)

The Baltimore Business Journal recently published a pro-non-compete piece directed at small businesses.  No surprise there:  the BBJ is a business oriented publication.  The reporter, Jack Lambert, called me for the employee perspective on non-competes.  Here is the part of the interview that made it into the article:

When drafting non-compete contracts, employers should consider how great of a burden to put on their employees, said Jim Rubin, a principal of the Rubin Employment law Firm in Rockville. He said some businesses include jury waivers. Those are clauses that dictate where the case can be litigated. They also include requirements that employees pay the company's legal fees if they lose the case."All sorts of provisions are put in there that are really unfair," said Rubin, who represents employees in non-compete contract matters.

I wrote about unfair non-compete contract provisions in my last post.