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Author Archives: Suzanne Rotbert

Job Applicant Fairness Act

Effective October 1, 2011, the new Job Applicant Fairness Act will prohibit employers from using an applicant’s or employee’s credit report or credit history to take an adverse employment action, such as denying employment, discharging an employee, determining compensation, etc.  Certain employers are exempted from the statute such as financial institutions and certain uses that [...]

HITECH Act – HHS Proposed Rule

On July 8, 2010, HHS issued a proposed rule which modifies existing HIPAA Rules to extend the applicability of certain privacy and security requirements to the business associates of covered entities, to establish new limitations on the use and disclosure of protected health information for marketing or fundraising purposes, to prohibit the sale of protected [...]

New Legislation for Small Businesses

On September 30, 2010, Congress created a new Small business Lending Fund with $30 billion in unused TARP funds to help small business lending.  This initiative offers capital investments with incentives for banks to increase small business lending.  The new program includes higher SBA loan limits and high SBA loan guarantees, as well as temporary [...]

Employment Law

Under the Fair Labor Standards Act of 1938, as amended, certain non-discretionary gift, bonus or commission payments must be included in a non-exempt employee’s regular rate for purposes of computing the employee’s overtime rate.   29 USC § 201 et seq.; 29 CFR Parts 510 to 794.

Business Law

The FTC adopted a new rule, known as the “Red Flags Rule” which requires many businesses and organizations that take payment by credit cards to implement a written identity theft prevention program to detect the warning signs of identity theft in their day-to-day operations.  16 CFR Part 681.

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