Blog

As TB&H celebrates its 9-year anniversary today, we would like to thank our clients, families, and friends for their trust and support. We look forward to continued success and growth in the years to come.

The Federal Trade Commission (FTC) has proposed a rule for public comment that would make non-competes in employment illegal in the United States. Employers who are party to existing non-competes would be required to rescind those agreements and provide notice to the employee. The proposed rule would supersede state laws and apply nationally. The comment period for the proposed rule currently runs through March 10, 2023.

The proposed rule: https://lnkd.in/eZMJ8-Q8

The press release: https://lnkd.in/eYaqPN9w

Timmerman, Beaulieu & Hinkle, LLC is proud to announce the addition of Regina Verzino as an associate to the Firm. Regina is a graduate of the University of South Carolina and University of Baltimore School of Law. Her practice will focus on business litigation, insurance defense, and labor and employment matters.

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Maryland has authorized $130 million in loan and grant funding for small businesses and manufacturers that have been negatively impacted by the Coronavirus (COVID-19). This emergency assistance provides interim relief and proceeds that can be used to pay cash operating expenses including payroll, suppliers, rent, fixed debt payments and other mission critical cash operating costs.

If you are a Maryland-based business impacted by the Coronavirus with under 50 full- and part-time employees, or a Maryland manufacturer, check out the programs below to see if you qualify for assistance.

• Maryland Small Business COVID-19 Emergency Relief Loan Fund – This $75 million loan fund (for for-profit businesses only) offers no interest or principal payments due for the first 12 months, then converts to a 36-month term loan of principal and interest payments, with an interest rate at 2% per annum. Learn more.
• Maryland Small Business COVID-19 Emergency Relief Grant Fund – This $50 million grant program for businesses and non-profits offers grant amounts up to $10,000, not to exceed 3 months of demonstrated cash operating expenses for the first quarter of 2020. Learn more.
• Maryland COVID-19 Emergency Relief Manufacturing Fund – This $5 million incentive program helps Maryland manufacturers to produce personal protective equipment (PPE) that is urgently needed by hospitals and health-care workers across the country. More details are expected to be announced by Friday, March 27, 2020.

See https://commerce.maryland.gov/fund/maryland-small-business-covid-19-emergency-relief-fund-programs for additional information.

As schools, businesses and the courts close to prevent the spread of the Covid-19 virus, we at TBH&E want to advise our clients that our attorneys and staff continue to work on your matters. Fortunately, we are able to take full advantage of available technology to efficiently operate remotely and we will continue to provide legal services in a prompt, cost-effective manner with minimal interruption.

As of this date, Maryland courts are closed to the public until April 3, 2020, and all jury-trials and non-emergency hearings have been postponed. If you have an upcoming scheduled event, our office will contact you to discuss the status of the matter. In the interim, you are invited to reach out to us via email or phone should you have any questions or concerns. We are also fully capable of conducting virtual video meetings.

We take great pride in being a valued partner to our clients. As we navigate these uncertain times together, we stand ready to assist in any way we can.

We will continue to provide updates as additional information becomes available.

TBH&E is proud to announce that Partners James M. Timmerman, Jason P. Beaulieu and Justin W. Esworthy have been selected by their peers as 2020 Super Lawyers for the State of Maryland, a distinction awarded to less than 5% of all attorneys in the State.

Super Lawyers® selects attorneys using a rigorous, multiphase process in which peer nominations and evaluations are combined with independent research of a candidate’s professional achievement and ethics.  Selections are made on an annual, state-by-state basis.

Summary Judgment / Breach of Employment Contract / Wage Payment and Collection / Unlawful Termination / FLSA Retaliation

TBH&E recently obtained summary judgment for a metal manufacturing employer located in Pennsylvania in a breach of employment contract and wage action brought under Maryland’s Wage Payment and Collection Law, along with its Pennsylvania, West Virginia, and North Carolina analogs. Summary Judgment was also entered on Plaintiff’s retaliation and unlawful termination claims under the Fair Labor Standards Act (“FLSA”).

TBH&E Partner Mike Hinkle represented the Defendant employer in the litigation. After removing the matter from the Circuit Court for Montgomery County to the United States District Court for the District of Maryland, Mike successfully moved for summary judgment following discovery. In it’s Memorandum Opinion, the Court concluded that the parties did not form a contract obligating the employer to pay Plaintiff for hours worked more than forty-five hours per week. Because the employer did not breach the contract for employment, Plaintiff was not entitled to additional compensation above his salary and his claims under the various state wage laws could not survive. The Court also found that Plaintiff failed to establish a prima facie case for retaliation under the FLSA because Plaintiff was unable to refute the employer’s legitimate, non-retaliatory reasons for the termination of employment.

Mike and TBH&E attorneys have extensive experience with labor and employment matters, having defended numerous employers and insurance carriers in state and federal courts and in administrative proceedings. In addition to the firm’s litigation practice, THB&E attorneys also counsel employers of all sizes in corporate and business matters.

Mike can be contacted by phone at (443) 608-5515 or by email at mjh@tbhelaw.com.

As we enter 2019 and celebrate the Firm’s 5^th Anniversary, the partners of TBH&E are proud to announce the addition of Theresa Withers-Williams and Sean D. Harding as the newest attorneys to our legal team.

Theresa joins TBH&E as Of Counsel and will focus on the Firm’s Business and Corporate practice. She has vast experience as a business and legal advisor to a diverse group of private and publicly held businesses. Theresa’s practice focuses on general corporate and business matters, commercial contracts, mergers, acquisitions (domestic and international), stock and asset sales, reorganizations, restructuring, complex joint ventures, financing transactions, venture capital investments, licensing, and franchising.

Sean joins TBH&E following his judicial clerkship with the Honorable Melanie Shaw Geter of the Maryland Court of Special Appeals. He is a graduate of the University of Maryland School of Law, with honors, and was a member of the National Trial Team. Sean’s practice will focus on insurance defense and commercial and business litigation.

We are excited to welcome Theresa and Sean to our team and look forward to their contributions in providing our clients with top-notch legal experience, service, and value.

TBH&E celebrated its 4-year anniversary on February 10, 2018! We would like to thank our clients, families, and friends for their trust and support. We look forward to continued success, growth, and service in the years to come.

 

TBH&E Partner Jason P. Beaulieu has been selected by his peers as a 2018 Super Lawyer for the State of Maryland, a distinction awarded to less than 5% of all attorneys in the State. This marks Jason’s sixth consecutive selection as a Maryland Super Lawyer. Jason is a founding partner of Timmerman, Beaulieu, Hinkle & Esworthy, LLC, with offices in Towson and Annapolis. His practice focuses on civil and business litigation, including personal injury, employment, and contract disputes.

Super Lawyers® selects attorneys using a rigorous, multiphase process in which peer nominations and evaluations are combined with independent research of a candidate’s professional achievement and ethics.  Selections are made on an annual, state-by-state basis.