Law360 and Jay Holland honor the 80th birthday of the FLSA with a discussion of possible updates

Joseph, Greenwald & Laake principal Jay Holland was recently quoted in a Law360 article covering the Fair Labor Standards Act (FLSA) and how it affects modern labor relations. Many business leaders and attorneys who represent workers, including Holland, agree that the FLSA needs significant revision to be effective in the 21st century.

Holland began the discussion with highlighting the need to raise the federal minimum wage. While individual states and localities have raised the minimum wage above the federally mandated $7.25 since its enactment in 2009, many workers are still forced to live at or near the poverty line.  Jay said that “the federal minimum wage is falling behind the eight-ball” and argued that “a higher minimum wage…would lift all boats.”

The article continues with discussing the need to clearly differentiate the difference between an employee and a contractor as well as boosting the enforcement of employee rights. To read the full article, please click on the Law360 logo below.

Jay Holland is a principal in JGL’s Civil Litigation Group and the chair of the Labor, Employment, and Qui Tam Whistleblower practice. He was rated as a Super Lawyer by Thomson Reuters in 2018 for his exemplary work in several high-profile labor law cases. Known for forging tight bonds with his clients, Jay proudly displays a customized plaque from a former client in his office that reads: “The Best Lawyer a Client Could Ever Have.”

Jay Holland speaks to Law360 of the benefits and risks of workplace affinity groups

Joseph Greenwald & Laake principal Jay Holland shared his thoughts on the legal aspects of workplace affinity groups with Law360. Workplace affinity groups are forums for employees with similar interests that provide support and social functions. Examples of such groups include parents’ caucuses, LGBT caucuses, and caucuses for individuals with physical disabilities.

Holland noted that it is important to recognize the legal risks involved for employers who sponsor these groups. “One of the concerns,” he added, is that “like anything else it has to be done right.”

Yet, Holland said that the benefits of such groups can be wide-ranging and significant for businesses: an increased ability to attract individuals from diverse backgrounds, creating understanding between management and individuals from those backgrounds, improving retention, and creating pathways for group members to move into leadership positions.

Mr. Holland also noted that employers should be cautious to not run afoul of anti-discrimination laws such as Title VII when they discuss diversity with an affinity group’s members, particularly if the parties brainstorm proposals for hiring a more diverse workforce.

“While the affinity group can certainly take ideas and adopt programs in response to suggestions from the affinity groups, [employers] have to be careful about stepping over the Title VII line,” Holland said. “While it’s perfectly appropriate to encourage a more diverse workforce and reach out to different communities to make sure you have a diverse workforce … they can’t step over the line into saying, ‘We now have to hire 25 individuals of a particular race or a particular sexual orientation.’ Then you are indeed discriminating upon a prohibited classification under Title VII.”

To read the full article, please click on the Law360 logo below.

Jay Holland is a principal in JGL’s Civil Litigation Group and the chair of the firm’s Labor, Employment and Qui Tam Whistleblower practice. He is a renowned employment and qui tam litigator known for taking on tough cases and achieving exceptional results.

Timothy Maloney quoted in The Daily Record surrounding the Schrader, Peters case

A team from Joseph Greenwald & Laake won a major appellate victory on June 21 in the Maryland Court of Appeals and it has made the front page of The Daily Record’s website. The court ruling upholds Governor Larry Hogan’s right under Maryland law to reappoint Cabinet positions under recess appointments to former secretaries Dennis Schrader and Wendi Peters, both of whom he had previously nominated and then withdrawn. The Joseph Greenwald & Laake team represented both Schrader and Peters and was led by principal Timothy Maloney with associates Megan A. Benevento and Alyse L. Prawde.

According to Maloney, the Court’s ruling was a “complete vindication” of Schrader, Peters and Hogan. “Reducing a Cabinet official’s salary to zero is a blunt device for enforcing legislative prerogative,” Maloney said. “This is not the way to resolve separation of powers issues.”

The Maryland General Assembly, regarding the appointments as illegitimate, had added a section to the annual budget act that was specifically intended to prohibit payment of salaries to the two appointees, Wendi Peters of the Department of Planning and Dennis R. Schrader of the Department of Health.

But in a 4-3 opinion written by Judge Alan M. Wilner, the state’s highest court ruled that the appointments were legal and that the budget insertion fell outside the powers of the legislature.

The court ruled that the state Constitution permits the Governor to nominate any suitable person to a Cabinet post, except for someone whom the state Senate has previously rejected. Neither Peters nor Schrader was rejected by the Senate.

“The comptroller will issue the warrant and the treasurer will issue the checks and this chapter will close,” Maloney said.

To read the rest of the article, click on the link below.

Maloney is a preeminent trial lawyer who has obtained millions of dollars in recoveries for his clients in a wide variety of matters, including civil rights, employment discrimination, whistleblower actions and high-stakes business litigation. He is a committed advocate for the public good who has held leadership roles with many civic and charitable organizations.

Md. High Court Orders That Schrader, Peters Be Paid

Town of Riverdale Park Discriminates against Small Business Owner, Jury Awards Damages.

In May, JGL attorneys Levi Zaslow, Maritza Carmona and Tim Maloney won nearly
$260,000 in damages for their client, Mamoun “Mike” Ashkar, who faced ethnic
discrimination within his community of Riverdale Park in Prince George’s County. The
Washington Post has just published an article about this case as it has meaningful
impact on not just the Prince George’s County town but also for broader communities.
Mr. Ashkar, a Palestinian-American, became the owner of Greg’s Towing in January of
2015. Greg's Towing is the only tow company in the Town of Riverdale Park in Prince
George’s County and, for 30 years, it was the exclusive tow service provider for the
town and its police department. Once Mr. Ashkar took over Greg's Towing, he contacted
Town representatives, including the police dept., to continue the company's long
standing relationship with the Town, but he was denied the by the Town, its employees
and the police department through numerous instances that included derogatory
language, name-calling and discriminatory statements.

“My parents moved here because it’s supposed to be the land of the free,” Ashkar said.
“It’s made up of a lot of people. We all live together and this is what makes this country
up, people from all over . . . It’s a very normal life and I don’t know why they would think
otherwise.”

When JGL’s Levi Zaslow was asked about proving his client’s case, he stated, “In court,
the town asserted that it was their business decision to select an alternative towing
company since Greg’s Towing was temporarily removed from a list of county-approved
vendors as ownership was transitioning to Ashkar . . . We were able to systematically
show that each purported business decision was actually a pretext.”

Joseph, Greenwald and Laake, P.A. is proud to continue its longstanding tradition of
providing a voice to victims of discrimination, such as Mr. Ashkar.

To read the full story, click on link below.

Zaslow_WPost_GregTowing

Jay Holland speaks for the Maryland Association for Justice and Maryland Employment Lawyers Association

Earlier this week Jay Holland, Joseph Greenwald & Laake principal attorney, was a speaker at an event sponsored by the Maryland Employment Lawyers Association (MELA) and the Maryland Association for Justice (MAJ). The event’s topic was “Proving Emotional Distress.” The two organizations partnered together to bring this important discussion to both members and non-members. Holland, along with other speakers, shared personal success stories in proving emotional distress in the courtroom. The presentation was held at the MAJ headquarters in Columbia, MD.

“It was great to be part of this session since emotional distress damages are often at the core of sexual harassment and discrimination cases,” said Holland.

Jay Holland is a principal in JGL’s Civil Litigation Group, and the chair of the firm’s Labor, Employment and Qui Tam Whistleblower practice. He is a renowned employment and qui tam litigator known for taking on tough cases and achieving exceptional results.

Jay Holland tells Law360 that Kaepernick has a case but with obvious hurdles

Pro football player Colin Kaepernick has filed a grievance against the National Football League and Jay Holland has shared his opinion about it with Law360. Kaepernick claims that team owners schemed to keep him off the football field because of his protests against the national anthem, not his football ability.

Kaepernick’s legal team is reportedly expected to seek federal subpoenas in the next few weeks in order to get President Trump and Vice President Mike Pence to testify in the case.

Holland, known for his experience in employment law and civil litigation, said, “There are some significant hurdles even if it were an ordinary case with ordinary witnesses,” said Jay Holland, employment and civil rights attorney with Joseph Greenwald & Laake PA. “Obviously, this is an extraordinary case with extraordinary witnesses.”

“Just what is in the public domain, it seems pretty clear that the president, along with the vice president, sought to embarrass and politically damage the players who were engaging in and kneeling in protests during the national anthem and at times singling out Colin Kaepernick,” Holland said.

To read the full article, click HERE

Jay Holland is a principal in JGL’s Civil Litigation Group, and the chair of the firm’s Labor, Employment and Qui Tam Whistleblower practice. He is a renowned employment and qui tam litigator known for taking on tough cases and achieving exceptional results.

JGL Participates in Prince George’s County Bar Association Tort Law Seminar

On June 12th, Joseph Greenwald & Laake actively participated in the Prince George’s County Bar Association (PGCBAR) Tort Law Seminar. Attorney Timothy Maloney was a panelist and attorney Steve Vinick was the host of the event and moderated the panel discussion. The seminar took place at the Newton White Mansion in Mitchellville and was immediately followed by the PGCBAR annual meeting.

The theme of the seminar was “Common Mistakes of Trial Lawyers and How to Rectify Them,” and covered topics such as discovery strategy and errors, opening statements, direct and cross examination, expert testimony, closing statements and the use of technology. Maloney and the rest of the panelists talked for 5-10 minutes per topic and addressed questions from attendants as well as the moderator, Steve Vinick.

Maloney is a preeminent trial lawyer who has obtained millions of dollars in recoveries for his clients in a wide variety of matters, including civil rights, employment discrimination, whistleblower actions and high-stakes business litigation. He is a committed advocate for the public good who has held leadership roles with many civic and charitable organizations.

A principal in Joseph, Greenwald & Laake’s Personal Injury, Medical Malpractice and Civil Litigation practice groups, Steven Vinick has more than 20 years of experience in representing clients in matters including medical malpractice, personal injury and criminal defense. Over the course of that career, Steven has earned a reputation as a skilled litigator and highly effective courtroom advocate.

Jay Holland Shares His View of Discrimination Case with Law.com

Joseph, Greenwald & Laake principal Jay Holland was quoted in a Law.com article about the U.S. Supreme Court’s recent decision in Masterpiece Cakeshop v. Colorado Civil Rights Commission. The Court held in favor of a bakery owner who declined, on religious grounds, to provide a cake for a gay couple’s wedding. When asked what are the takeaways of this case for employment attorneys, he said, “I could see the tables being turned to say that in a parallel situation, where a plaintiff brings a discrimination case and a commissioner or judge shows hostility because of who they are and their claims,” Holland said. “At the least the Supreme Court recognized and determined in this case that an individual was entitled to a fair and unbiased hearing as it pertains to their claim of discrimination.”

To read the full article, click on the link below.

Jay Holland is a principal in JGL’s Civil Litigation Group, and the chair of the firm’s Labor, Employment and Qui Tam Whistleblower practice. He is a renowned employment and qui tam litigator known for taking on tough cases and achieving exceptional results.

Labor of Law_lawcomHolland

 

Tim Maloney gives his perspective of the Maryland Democratic primary election-law case to The Daily Record

Maryland’s democratic primary election is quickly approaching but not without some interesting legal distractions. Valerie Ervin had been the running mate of Kevin Kamenetz in a tightly contested Democratic primary. When Kamenetz died unexpectedly, Ervin replaced him as a candidate for governor. In light of that, Ervin sought a court order requiring reprinted or altered ballots for the primary so as to have her name placed on the ballot as a gubernatorial candidate. A judge denied that request, and Ervin is considering an appeal. Joseph, Greenwald & Laake principal Timothy F. Maloney spoke with The Daily Record about this unusual situation.

Maloney, who frequently litigates election law issues, shared that lawsuits like Ervin’s face nearly insurmountable challenges. “These challenges almost always fail. The loser has to prove not only that a violation of election law occurred, but that the violation more than likely changed the outcome. That’s a big hill to climb,” states Maloney.

To read the article in its entirety, please click on the link below.

Maloney is a preeminent trial lawyer who has obtained millions of dollars in recoveries for his clients in a wide variety of matters, including civil rights, employment discrimination, whistleblower actions and high-stakes business litigation. He is a committed advocate for the public good who has held leadership roles with many civic and charitable organizations.

Full article: Maloney_Ervin election_TDR

Town of Riverdale Park Discriminates against Small Business Owner, Jury Awards Damages

On May 18th, JGL attorneys Levi Zaslow, Maritza Carmona and Tim Maloney won nearly $260,000 in damages for their client, Mamoun Ashkar, who faced ethnic discrimination within his community of Riverdale Park in Prince George’s County. The Daily Record has since published an article about this case as it has meaningful impact on not just the Prince George’s County town but also for broader communities.

Mr. Ashkar, a Palestinian-American, became the owner of Greg’s Towing in January of 2015. Greg’s Towing is the only tow company in the Town of Riverdale Park in Prince George’s County and, for 30 years, it was the exclusive tow service provider for the town and its police department. Once Mr. Ashkar took over Greg’s Towing, he contacted Town representatives, including the police dept., to continue the company’s long standing relationship with the Town, but he was denied the by the Town, its employees and the police department through numerous instances that included derogatory language, name-calling and discriminatory statements.

“Local government cannot discriminate against its citizens and this case is about fairness, justice and equality and this verdict speaks to that,” Levi S. Zaslow told The Daily Record on Tuesday May 22nd. “We are very open to sitting down with the town and speaking about these practices and ensuring a fair and equitable process going forward.”

Joseph, Greenwald and Laake, P.A. is proud to continue its longstanding tradition of providing a voice to victims of discrimination, such as Mr. Ashkar.

To read the full story, click here: Tow company owner awarded $259K in discrimination lawsuit against Prince George’s town