Legal Blog

Offit Kurman Telebriefs® | Non-Competes, Vetos, and New Legislation

On May 25th Maryland Senate Bill 328 became law, which bans employers from entering into any kind of a non-competition agreement with employees who earn equal to or less than $15 an hour or $31,200 annually. This law will modify any agreements for lower tiered employees. Additionally, the Minimum Wage Adjustment Act was passed by the Maryland legislature. There is a new poster which all employers are obligated to post along with other similar kinds of posters about labor and employment policies in Maryland.

Thirdly, out of Maryland, on May 24th., Governor Hogan vetoed House Bill 994, that is a statewide Ban the Box Bill. The Ban the Box Bill is a prohibition on an employer asking a candidate for information about prior criminal records under certain circumstances. Next, the Equal Employment Opportunity Commission filed two gender-based pay discrimination suits in Maryland Federal Court against Asset Strategies International, Inc. and Davis & Davis Enterprise company contending that both of those companies paid female employees less than their comparable male counterparts.

The Supreme court had a few developments including a unanimous decision for the Davis County Texas case on June 3rd. The Court found that under Title 7 an employee is obligated, before going to court, to file an administrative charge of discrimination.

On the congressional side of things, new legislation was proposed by Democrats that would amend the overtime salary level to $51,000 per year. On May 21st, the House Committee on Education and Labor held a hearing on a bill called Protecting Older Workers Against Discrimination Act. This bill is similar to cases on title 7. This means that if the plaintiff could show not necessarily that there is a but for causation or nexus, but if there is a factor which shows that age discrimination was a factor in the employer’s particular adverse action against an employee, that the employee can prevail.

Questions about these topics from this week’s Telebrief?

Contact Howard Kurman at or 410-209-6417.



About the Telebriefs®

The Telebriefs® are 30-minute, information-packed phone calls geared towards executives, HR directors, supervisors, managers, and business owners. Join Howard K. Kurman, as he discusses employment law developments occurring over the past two weeks that will most significantly impact employers nationwide. These twice-monthly phone calls are an easy way to stay current and compliant with the latest employment law developments that will significantly affect you and your company. The goal is to provide information and insights to help executives stay current with the latest workplace law developments and in front of trends, to enable proactive policy-making and management. Our guarantee: You will learn something useful on every call!

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Howard Kurman Casual-Small | 410-209-6417

Howard K. Kurman is an employment attorney. Mr. Kurman regularly counsels clients on all aspects of proactive employment/labor issues. He represents employers ranging in size from as small as 20 employees to those employers with geographically disparate locations consisting of over 4,000 employees. Mr. Kurman assures, through regular contact with his clients, that they promulgate and maintain the most effective employment policies that will, to the extent possible, minimize their legal exposure in today’s litigious workplace. Mr. Kurman offers advice on employee handbooks, employment agreements, and covenants not to compete as well as confidentiality and non-disclosure agreements. Previously, Mr. Kurman was the chair of the firm’s Labor & Employment Practice Group.





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