In July of 2024, the Occupational Safety and Health Administration (OSHA), a subagency of the U.S. Department of Labor, proposed a worker-safety-excessive-heat rule. While five states have certain rules protecting certain workers from excessive heat, if finalized and enacted, OSHA’s rule would be the first national safety standard in the country’s history that attempts to tackle safety requirements for workers dealing with excessive heat. As it stands, the proposed rule applies to both outdoor workers (such as construction workers) when outdoor temperatures are at or above 90°F and indoor workers (such as kitchen staff) when working indoors at temperatures at or above 80°F.

Under the proposed rule, employers that have employees who fall into these two categories must develop a worksite monitoring plan called a Heat Injury and Illness Prevention Plan (HIIPP). For employers of qualifying outdoor workers, the HIIPP requires them to track local heat index forecasts. And for employers of qualifying indoor workers, the HIIPP requires them to identify work areas that have potential hazardous heat exposure and develop, with input from their workers, a monitoring plan for dangerous heat.

Some additional requirements of the proposed rule include:

  • When the heat index is at 80°F or higher
  • Providing qualifying workers easy access to “suitably cool,” drinking water sufficient for one quart of water per hour per worker; and
  • Providing qualifying outdoor workers breaks in areas that block direct sunlight and are open to outside air that have either:
    • Artificial shade such as a tent or pavilion orNatural shade such as trees or
    • Air-conditioning in an enclosed space
  • Providing breaks to qualifying indoor workers in an area such as a break room that has air conditioning or at least “increased air movement” and possibly a dehumidifier.
  • When the heat index is at 90°F or higher
  • Providing mandatory 15 minute breaks at least every two hours (unpaid meal break qualifies as a mandatory break) in the break areas as stated above, and
  • Implementing a system to look for signs and symptoms of heat-related illness.
  • When indoor work areas “regularly exceed 120°F[,]” employers must place “legible, visible, and understandable” warning signs at those work areas, which seems to indicate that such signs must be in a language other than English if workers are not fluent in English.

Finally of note, employers with qualifying indoor work areas must follow a recordkeeping requirement of “hav[ing] written or electronic records of those indoor work area measurements and retain those records for 6 months.”

The Biden Administration has publicized the proposed rule as the proper response to “extreme weather” caused by climate change to protect approximately 36 million workers. The proposed rule is expected to be published in the Federal Register soon for comments and to be opposed by numerous industries and associations such as the Chamber of Commerce.

JGL President, Paul Riekhof, announced that Alyse Prawde has been named a Principal of the firm. Alyse received her JD from the University of Maryland School of Law, cum laude and practices in the areas of appellate law, civil litigation and civil rights. Additionally, Bridget Cardinale, has been elevated to Senior Counsel and received her JD from Wake Forest University School of Law. Her practice is focused in civil litigation, civil rights, labor & employment and personal injury.

Chris Castellano was invited to speak on The Divorce Hour (Digital Radio Talk show) hosted by Ilyssa Panitz on Saturday, July 20th. Chris discussed why legal fees can snowball in Post Judgment Matters. 

JGL partner Reza Golesorkhi has been voted for and recognized as the Best Divorce Attorney in the “Best of the City 2024” awards in DC Modern Luxury Magazine. Check it out here.

In Maryland, a protective order is an important legal tool that helps keep people safe from different kinds of abuse and harassment. It’s similar to a restraining order and tells someone to stop certain actions against another person. Whether you’re dealing with threats, harassment, assault, or other abusive behaviors, knowing how to get and use a protective order is essential for your safety.

Who Can Get a Protective Order?

To qualify for a protective order in Maryland, you must have a specific relationship with the person causing harm. This can include being married, divorced, or separated; related by marriage, blood, or adoption; living together in a sexual relationship; parents of a child together; victim of recent (within 6 months) sexual assault; or vulnerable adults. If your relationship doesn’t fit these categories, you might be eligible for a peace order instead, which covers disputes with neighbors, strangers, or non-intimate dating partners.

What Counts as Abuse?

Before a court will give you a protective order, you need to show that the other person has done something abusive. This could be assault, threats of harm, sexual offenses, stalking, false imprisonment, or sharing intimate photos or videos without your permission.

How to Apply for a Protective Order

To start the process, you must fill out a Petition for Protection from Domestic Violence and an Addendum-Description of Respondent form. You can get these forms at the courthouse or online. If revealing your address could put you in danger, you can ask to keep it private or use the Safe-At-Home program for extra protection.

Filing and Electronic Options

Maryland has made it easier to file a protective order. You can submit your forms electronically from approved places like domestic violence prevention programs or hospitals. Courts also hold hearings over video to make sure you can get help quickly, even outside of normal court hours.

What Happens Next?

Once you file, a hearing is set up quickly to review your situation. The court might issue temporary orders right away, like orders to stay away or leave a shared home. Temporary orders usually last about a week. After that, there’s a final hearing to decide if a longer-term protective order is needed.

Long-Term Protection and Changes

If a judge determines that abuse has occurred, they have the authority to issue a protective order valid for up to one year in Maryland. This order may include provisions such as instructing the abuser to cease abusive behavior and threats, stay away from you, your home, workplace, and your children’s schools, grant temporary custody of children and pets to you, provide financial support, surrender firearms, mandate participation in counseling programs, and impose any other measures necessary for your protection. Both you and the abuser will receive copies of the Protective Order at the hearing, ensuring you have legal documentation of the court’s directives to keep with you at all times.

Responding to a Protective Order

If you get served with a protective order, read it carefully and prepare for the hearing. This isn’t a criminal charge, but it’s serious. It’s a good idea to talk to a lawyer to understand what to do next.

Where to Get Help?

If you’re dealing with domestic violence or need more info about protective orders, there are places that can help. Organizations like the House of Ruth and the National Domestic Violence Hotline offer support and answers to your questions. You can also speak with an attorney in our office.

Following the Rules and Making Changes

Breaking a protective order can lead to criminal charges, like going to jail or paying fines. You can also ask the court to enforce the order if it’s broken. If you need changes to an order, you can ask the court to make them.

In Conclusion

Understanding how to get and use a protective order in Maryland means knowing your rights, the legal steps, and where to find help. By taking action, you can get the protection you need and stay safe in tough times. For more details or specific questions, please reach out to the attorneys at our firm, we are happy to help.

Protective orders are important tools to stop domestic violence and help victims find safety and peace. Knowing these steps lets you take charge and make a safer future for yourself.

In an article published on June 18, 2024 by Medical Economics, Brian Markovitz explains what the recent FTC rule banning noncompete agreements means for the future of the healthcare industry’s economy. The article details what the ban will do for competition and business growth, as well as the expected decrease in healthcare costs over the next decade. Markovitz also provides context for the ban, including the overwhelming support for the rule from healthcare employees and medical business entities.

Read the full article, “Why medical economics may change significantly if FTC noncompete ban is upheld,” in Medical Economics.

In this episode of JGL LAW FOR YOU, Senior Counsel Michal Shinnar and David Bulitt talk about the Americans with Disabilities Act. What it is, Who’s protected, What’s Covered, How it works, and more. 

The Federal Trade Commission (FTC) recently announced a rule that bans non-compete agreements. Non-compete agreements contractually restrict workers from joining or starting a competing business after leaving their employment. These agreements commonly designate how long and where these controls apply. These agreements are used by employers across all sectors of the workforce, the FTC estimates that 30 million workers in the United States are subject to one.

It is anticipated the ban will promote competition, leading to approximately 8,500 new businesses created annually and increasing individual employee earnings by an average of $524 per year.

There are numerous legal concerns with the FTC’s rule. The Supreme Court previously held the FTC does not have jurisdiction over non-profit entities unless they provide substantial economic benefit to their for-profit members. Yet, the FTC said non-profit or tax-exempt status is not dispositive of whether the entity is subject to the ban, which makes application of the ban confusing.

The FTC already faces legal challenges arguing that only Congress can make a rule with such a significant economic impact. The rule as it currently stands will nullify thousands of contracts and may be unconstitutional for exceeding the FTC’s statutorily permitted powers. Pending Supreme Court cases are considering restraining the implicit authority of federal agencies like the FTC, rendering predictions for the outcome of the rule difficult. Ultimately, the Court may strike down the FTC’s rule as an unconstitutional exercise of power. The rule becomes effective around August 20th, 2024, but is expected to be delayed by legal battles.

The article was written by JGL principal Brian Markovitz and Deborah Jaffe, who is a law clerk at the firm.

In an article published on June 25, 2024 by Physician’s Weekly, Brian Markovitz and Deborah Jaffe explain what the recent FTC ban on noncompete agreements means for healthcare businesses. The article details what the ban will do for competition and business growth, as well as the expected decrease in healthcare costs over the next 10 years. Markovitz and Jaffe also provide context for the ban, including how many employees felt trapped and burned out in their current employment situation.

The article was written by JGL principal Brian Markovitz and Deborah Jaffe, who is a law clerk at firm.

Read the full article, “How Will the FTC Ban on Noncompete Agreements Affect the Healthcare Sector?” in Physician’s Weekly.

In this episode of JGL LAW FOR YOU, attorneys Renee BlockerLindsay Parvis, and David Bulitt discuss the ways that Personal Injury and Family Law collide with interesting examples. 

The US State Department and US Embassy in Hanoi sponsored a virtual program about public interest law for a Vietnamese delegation comprised of lawyers, judges and other officials.

JGL’s associate Virginia (Gia) Grimm joined by principal Veronica Nannis shared the basics of the False Claims Act work that JGL provides and tried to highlight topics and aspects of that law that would be most important to a country like Vietnam. They spoke for over an hour and answered audience questions. This delegation will travel to Washington DC in August, when Gia and Veronica hope to meet them personally.

Lindsay Parvis hosts a Lunch & Learn on Mental Health Privilege & Maryland Family Law on June 13th from 12:00-1:15pm via Zoom.

For Mental Health Professionals, Attorneys & Child Counsel Attorneys (especially Child Privilege Attorneys).

This is an informal educational program followed by discussion & shared learning. Continuing the discussion from the Mental Health Privilege blog series.