Kator, Parks, Weiser & Wright, PLLC

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KPWH Files Suit to End Forced Unpaid Labor During Government Shutdown

January 10, 2019 / KPWH / Comments Off

KPWH attorneys filed a lawsuit on January 9, 2019 to end the practice of forcing certain federal employees to work while in unpaid status during the government shutdown. The suit alleges that this practice violates the Thirteenth Amendment’s prohibition of involuntary servitude. The suit also claims that the government is in violation of the Fifth Amendment by prohibiting federal employees from obtaining outside employment during a government shutdown, and that the government’s practice of compelling some federal employees to provide unpaid work violates the Constitution’s separation of powers and other federal statutes.

A copy of the lawsuit is available by clicking here.

KPWH is honored to have filed suit on behalf of federal employees standing up for their rights. For more information about our law firm, or for contact information, click here.

Federal employees must know their rights under whistleblower laws

September 6, 2018 / KPWH / Comments Off

The New York Times published opinion article by a member of the Trump Administration describing efforts by federal employees to prevent and oppose misconduct by the Administration. The Administration has since launched an inquiry to find and intimidate employees that may be whistleblowers. These actions demonstrate how important it is that federal employees know their rights under federal whistleblower laws. These protections are broad, covering a wide range of disclosures related to government misconduct. Even federal employees who did not blow the whistle, but are perceived to have done so, are protected by the Whistleblower Protection Act.

Whether a federal employee is actually protected under whistleblower laws depends heavily on the circumstances. Those that feel they have been targeted as actual or perceived whistleblowers should consider the options available to them, including contacting the U.S. Office of Special Counsel. Federal employees looking to determine their particular rights under federal whistleblower protections should consult an attorney, and can contact Kator, Parks, Weiser & Harris, PLLC.

KPWH Successfully Resolves Transgender Claim Against DC Restaurant

August 31, 2018 / KPWH / Comments Off

Kator, Parks, Weiser & Harris is proud to announce that Cathy Harris and David Hart represented Charlotte Clymer in the just resolution of her charge of discrimination regarding an incident at a DC-based restaurant. The District of Columbia is one of only a few jurisdictions that protect transgender persons in public accommodations. This matter demonstrates not only the strength of the District’s protections, but also the need for further legal reforms to protect gender minorities.

More information about this resolution and the parties’ joint statement is available here.

KPWH Files Claim Against Restaurant for Harassing Transgender Woman

July 18, 2018 / KPWH / Comments Off

KPWH is proud to represent Charlotte Clymer in her civil rights claim against Cuba Libre Restaurant. She was illegally harassed when told to show her ID before using the restroom.

See media coverage of the matter by clicking here.

NY Times Notes KPWH Questions about DOJ Sexual Harassment Policy

May 4, 2018 / KPWH / Comments Off

A May 4, 2018 article published by The New York Times about new sexual harassment guidelines issued by the Department of Justice quotes KPWH co-manager Cathy Harris, who questions the DOJ policy. Ms. Harris stated to the Times:

“The question this raises is who does the Department of Justice prioritize?” Ms. Harris said. “Right now, they’re worried about being sued by harassers. They should be worried about being sued by the victims whose claims are ignored. That will be much more damaging to the department’s reputation.”

Read the entire NY Times article here.

Contact KPWH to discuss your possible legal claims.

Class Action Victory — Claims Due Now

March 26, 2018 / KPWH / Comments Off

The EEOC entered a final decision finding that the U.S. Postal Service discriminated against the Class of approximately 130,000 USPS employees when it subjected them to the National Reassessment Process (NRP) between May 5, 2006 and July 1, 2011.

Class Member claims for individual money awards are due now. The deadline for an individual Class Member to submit a claim for money damages and other relief is 30 days from when the individual receives a written notice from the USPS about the case. To be safe, attorneys for the Class have recommended that Class Members submit a claim by April 12, 2018. If a Class Member fails to submit a timely claim, the Class Member may lose the ability to seek any individual relief in the case.

Directions for submitting claims, a sample suggested Claim Form, and more information about the case is available at NRPclassaction.com.

KPWH is proud to have represented the class in this case, and to have achieved this monumental legal victory.

KPWH Challenges Trump Administration Delay of Organic Livestock Policies

March 6, 2018 / KPWH / Comments Off

On March 1, 2018, Kator, Parks, Weiser & Harris joined the American Society for the Prevention of Cruelty to Animals (ASPCA) in filing an amicus curiae brief supporting a critical case brought by the Organic Trade Association against the Trump Administration for its continued delays in implementing the Organic Livestock and Poultry Practices Rule.

KPWH is proud to join with the ASPCA to fight efforts by the Trump Administration to delay the rules that were crafted by career USDA officials. Learn more about KPWH and ASPCA’s amicus curiae brief and the case here.

Maryland Guarantees Workers Paid Sick Leave

February 15, 2018 / KPWH / Comments Off

Maryland’s Healthy Working Families Act went into effect on February 11, 2018. The Maryland Department of Labor, Licensing, & Regulation has not yet issued final guidance on the Act, so it is important for both employees and employers to understand its effects.

Qualifying workers are now entitled to accrue paid sick leave of at least 1 hour per 30 hours worked. Employees can use this leave for several purposes, including caring for their own medical needs or those of certain family members, obtaining preventative medical care, as well as maternity and paternity leave. Importantly, the Act also allows employees to use take leave in situations involving sexual assault, domestic violence, or stalking.

For these benefits to go into effect, both the employer and employee must be covered by the Act.

The Act created two standards based on the size of the employer. Employers with at least 15 employees must provide paid sick leave to qualifying employees, while those below that threshold are need only provide unpaid sick leave. Different standards may apply to employers in certain industries as well.

The Act does not apply to part-time employees working less than 12 hours per week, or certain employees in the construction, agriculture, or health and human services industries. In certain circumstances, union employees may also have their rights modified under the Act by their collective bargaining agreement.

The Act also prohibits retaliation against employees who assert their right to use accrued leave. Employees’ protected activity includes both utilizing leave provided under the Act and raising or participating in claims alleging violations under the Act.

Covered employers are required to provide notices to and develop policies for their employees, describing the extent of their benefits under the Act. Covered employers are also subject to new recordkeeping and inspection standards.

Employees can file complaints regarding violations of the Act by contacting the Maryland Commissioner of Labor and Industry. More information on the Act and its effects can be by contacting the Maryland Department of Labor, Licensing, & Regulation (DLLR) and through guidance on DLLR’s website.

The Healthy Working Families Act contains several particular standards regarding who is covered and the extent of the benefits afforded to a given employee. The Act is further complicated by similar local and federal laws, including the Family and Medical Leave Act (FMLA).

Employees and businesses looking to determine their particular rights and obligations under the Act should consult an attorney. To discuss these possibilities under the Act, you can contact Kator, Parks, Weiser & Harris, PLLC.

KPWH Files Brief on Behalf of Dozens of Civil Rights Groups Opposing Sex Harassment of Students

January 8, 2018 / KPWH / Comments Off

Kator, Park, Weiser & Harris, P.L.L.C. attorneys Cathy Harris and Daniel Clark joined with the National Women’s Law Center to file an amicus brief with the U.S. Court of Appeals for the Fourth Circuit on behalf of almost 50 civil rights organizations in support of female student victims of cyber harassment. The brief supports the position that the University of Mary Washington did not fulfill its legal duty under Title IX, which requires schools to address sexual harassment against students. Kator, Park, Weiser & Harris, P.L.L.C. is proud to stand with the National Women’s Law Center to advance the cause of equal access to education for all students, and to advance and protect women’s equality and opportunity.

KPHW Named 2018 Best Law Firm

November 6, 2017 / KPWH / Comments Off

U.S. News & World Report and Best Lawyers named Kator, Parks, Weiser & Harris as a 2018 leading law firm in the area of Employment Law. KPWH is proud of its lawyers and the work we have done to receive such an honor.