A Case Study On The First Amendment Defense For Entertainment Industry Employers

The First Amendment traditionally offers robust protections for expressive employers, such as those in the entertainment and media industries, allowing them to control casting and messaging. In California, however, these protections are weighed against the state’s robust employment laws for employees’ political activity. This tension is at the heart of the Carano v. The Walt Disney Company case, and the prominent film company is moving to certify the case as an interlocutory appeal to be heard […]

By | September 16th, 2024 ||

Confidentiality And Nondisparagement Provisions In Employment-Related Agreements

Confidentiality and nondisparagement provisions in severance and other employment-related agreements continue to be subject to significant scrutiny. In February 2023, the National Labor Relations Board (NLRB) held in McLaren Macomb,372 NLRB No. 58 (2023) that merely offering severance agreements with broad confidentiality and nondisparagement provisions to nonmanagerial and nonsupervisory employees violates the National Labor Relations Act (NLRA). See our previous Alert. The NLRB reasoned that these provisions violate employee rights under Section 7 of the NLRA, […]

By | September 16th, 2024 ||

Maryland’s Wage Laws Do Not Apply To Employees Who Work Outside The State

In this new remote/hybrid world, there are significant questions about what law applies. Maryland has a presumption against “extraterritoriality,” which means the application of a law outside of its jurisdiction. On August 15, 2024, the Fourth Circuit held that an individual has to perform some work within Maryland to be covered by Maryland’s wage laws.

In Poudel v. Mid Atlantic Professionals, Inc., two employees worked for a Maryland-based company as interpreters in Afghanistan. All of the […]

By | September 13th, 2024 ||