Practice Areas and Employment Law Information

I represent management, executives, and employees in all types of employment law proceedings. I have litigated all types of discrimination and grievance claims for federal, state, and local employees, including professionals in medicine, law, and law enforcement.  I handle non-compete litigation, and I represent companies in defending claims before the Equal Employment Opportunity Commission and state and federal courts.  I represent federal employees in claims of discrimination, harassment, whistleblowing, and reprisal against federal agencies.    

I help prevent wrongful employment practices by drafting appropriate policies and handbooks and guiding employers through every step of the employment relationship.  I also represent employees in addressing employment abuses and resolving employment disputes.  Over the years, I have prepared and negotiated a great many employment agreements, benefits packages, restrictive covenants, and severance agreements.  

In every case, I focus upon the legitimate business considerations of the employer and any protected status or conduct of the employee.  I use my expansive knowledge of the employment laws to guide my clients to their business goals in each and every employment issue.  Contact me to assist you today.

A big part of my practice involves advising executives and employers on separation and severance.  Discussing severance often makes sense when the employment relationship begins to sour, whether for reasons of workplace culture, alleged misconduct, or perceived legal violations. Almost every employer that has been in business for any length of time has had to offer a severance agreement at some point.

That being said, many executives and employers do not know what to expect or seek from severance negotiations. Executives often think that a formal employer policy or plan governs and dictates the amount of severance pay and other terms.  While some large employers may have such a policy or plan, most employers do not.  They negotiate severance ad hoc based on the specifics of each employee's situation.  This often causes similarly-situated employees to receive dramatically different severance terms.

That is where an attorney’s professional knowledge and experience can make all the difference. I have negotiated hundreds (if not thousands) of severance agreements over the past 20 years, which I can apply to your severance negotiation to achieve unexpectedly good results.

When it comes to helping business owners and assisting in corporate formation and management, I carefully explore every option and describe all aspects to each client in layman's terms. Common business law considerations include which corporate form to choose, where to incorporate, how to structure and staff the business, and what federal, state, and local requirements apply to the business. I focus on the legal compliance issues to leave you free to succeed at your business.

Whether you are looking to start a new business, update your current contracts, employment policies, and practices, or expand your business, you can count on me.

The Fair Labor Standards Act (“FLSA”) describes how most employers must compensate their employees for hours worked.  The FLSA generally requires employers to pay overtime compensation to employees who work over 40 hours in a workweek, unless an exemption applies to the employee's duties and the employee is paid the required minimum salary for all hours worked in a week.  The Department of Labor has proposed regulations to the FLSA to require overtime compensation for more employees.  

Currently to satisfy the salary basis test, employers must pay an employee at least $684 per week (which is $35,568 annually) as a salary for all work performed in a week.  This means that the employee’s salary cannot be docked for partial-day absences except in limited circumstances.  (Otherwise the employee is essentially paid on an hourly basis.)   Under the duties test, the majority of an employee’s duties must be exempt Executive, Administrative, or Professional work, or certain types of outside sales or high-level computer work.

Whether a worker qualifies as an employee or independent contractor is a hot topic in wage and hour law.  An independent contractor must exercise control over the method and manner of performing his or her duties, use his or her own tools for performing the job, and otherwise work to create a finished product or service.   

Because of the complexity of the federal and state laws covering payment of wages to employees, employers are often confused and do not act in compliance with the law.  As a result, consultation with a qualified attorney knowledgeable in federal and state employment law and litigation is an essential first step to ensuring compliance.

Employers and executives have many concerns when it comes to non-competes and related litigation.  Employers need to prevent loss of their valuable clientele and misuse of their trade secrets.  Employees need to know what terms an employer can legitimately enforce and when an agreement goes too far in curtailing their future ability to make a living. 

Non-competes are disfavored by the law in most states, including Virginia, Maryland, and D.C. They generally run counter to the prevailing public policy in favor of free and open competition. Nevertheless, non-competes are valid and enforceable if they are supported by a legitimate business interest of the employer and are narrowly tailored to protect that interest.  As a result, a non-compete should never be offered or signed without first obtaining legal advice from experienced counsel.

I have drafted a great many restrictive covenants, including non-competes, non-solicitation clauses, and non-disclosure agreements.  I represent employers in enforcing them and executives seeking to defend themselves from overly broad provisions and related business law torts in state and federal courts.