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Employment Law Information Center

Independent contractors are not treated the same as employees. While independent contractors have more freedom in their work, they also lack some of the protections enjoyed by traditional employees, such as workers' compensation and unemployment benefits. They are also responsible for paying their own taxes directly to the Internal Revenue Service from the first dollar, since their taxes are not withheld by the employer. If you have a question as to whether you should work as an independent contractor or as an employee, contact an experienced employment law attorney today to discuss your situation.

Rockville, Maryland, Employment Lawyer

Farber Legal is one of the oldest and most-respected employment law firms in Maryland. The firm's attorney represent employers and employees, including federal employees, throughout Maryland and the Washington, D.C., area.

We seek to obtain practical results for our clients through negotiations, hearings, and if necessary, trials. Our lawyer and staff aggressively promote the interests of our clients at every stage of the legal process. We keep in constant contact and return all telephone calls the same day.

Employment Law for Employees - An Overview

Employment law covers the relationships between employers and their current, prospective and former employees. Both federal and state laws control various aspects of the employer-employee relationship, including each side's rights and obligations. Because of the complexity of the employment relationship, this area of law involves issues as diverse as discrimination, record keeping, taxation and workplace safety.

There are also different types of employment relationships. Employment relationships can be based on a contract, or they can be "at-will." If the employment relationship is based on a valid contract entered into by the employer and the employee, the terms of that contract will govern the relationship. By contrast, an at-will employment arrangement can be terminated at any time, with or without reason, by either the employer (as long as the reason does not constitute illegal discrimination) or the employee.

With all these factors to consider, it is clear why employment law is such a complex area. If you have an employment law concern, contact an employment lawyer at Farber Legal, LLC in Bethesda, MD, who can provide advice and representation in a range of workplace-related matters.

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Independent Contractors

Independent contractors perform compensated work for businesses and individuals, but they are not considered to be employees. This non-employment relationship is based on an oral or written agreement between the business and the independent contractor. This contract may provide specific standards for the work product and establish the pay rate for that work. Businesses that hire independent contractors generally do not withhold federal or state income taxes or Social Security taxes from payments to independent contractors, and they do not maintain unemployment or workers' compensation insurance for those workers. Most independent contractors, therefore, need to make their own quarterly tax payments.

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Privacy Issues at Work

Technology is a boon to business, but it also raises complicated issues of privacy in the workplace. The vast majority of businesses use computers, and technology has enabled employers to monitor nearly every aspect of workplace communications involving employees' computer and telephone usage. Indeed, many companies take advantage of technology to monitor their employees' use of the Internet and email. When an employee has a reasonable expectation of privacy, however, such as with a physical space like a locked office, the employee may receive privacy protection. Drug testing by an employer, on the other hand, when the testing is reasonable and not a highly offensive intrusion, is usually acceptable.

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Unions

Unions exist for the sole purpose of representing the interests of workers, especially in collective bargaining with employers. Collective bargaining is the process of negotiation between the employer and the labor union representatives to determine the key conditions of employment. The result of these efforts is the collective bargaining agreement. This collective bargaining agreement is a contract that is the starting place for resolving conflicts between the employer and its employees. Collective bargaining and union organization is governed by the federal National Labor Relations Act (NLRA).

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The Hiring Process

Applicants for employment positions have rights whether or not they become employees. Under federal law, it is illegal for an employer to discriminate in its hiring process based on race, national origin, gender, pregnancy, age, disability or religion. State and local laws may specify additional protected classes based on categories such as sexual orientation. Employers must abide by anti-discrimination laws at each stage of the hiring process, from placing the ad to interviewing and the final selection of the candidate. There are few exceptions to these rules, but an employer may discriminate on some bases if a bona fide occupational qualification (BFOQ) exists. A BFOQ can be based on a reasonable and necessary job requirement, but this is a narrow exception.

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Employment Law Resource Links

United States Department of Labor (DOL)
Information for workers, employers and unions.

Wage and Hour Division (WHD)
Information regarding enforcement of federal labor laws, including minimum wage; child labor and overtime standards set out under the Fair Labor Standards Act (FLSA); the Family Medical Leave Act (FMLA); and the Migrant and Seasonal Agricultural Worker Protection Act (MSPA).

The Contract Employee's Handbook
This resource contains information to assist independent contractors with management of their careers.

The National Labor Relations Board (NLRB)
The NLRB site provides background information on the functions and services of the National Labor Relations Board of interest to employers, employees and policymakers.

Employee Rights
List of rights guaranteed to employees covered under the National Labor Relations Act (NLRA).

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Mindy, thank you for taking a risk on this issue and standing so tall for the animals who need us. You stand so tall and courageous and compassionate!
 
Best,
Wayne Pacelle
Executive Director and President, The Humane Society of the United States
September 20, 2017

MINDY G. FARBER RATED AS AV WITH MARTINDALE HUBBELL

Occasionally Martindale-Hubbell, the premier rater of attorneys in the United States, reevaluates attorneys who have been in practice for a number of years. Ms. Farber is proud to announce that on the basis of Martindale Hubbell’s confidential surveying of attorneys in her field as well as other practicing attorneys, Ms. Farber has received the very highest positive rating.

AV rated
Preeminent TM
Meets Very High Criteria of General Ethical Standards? Yes
AV
Overall Peer Rating
in Labor and Employment, Consumer Law and Litigation

Posted by a Private Practice Lawyer on 07/13/15 5.0 out of 5.0

Ms. Farber is an excellent attorney and a very compassionate human being. That is why for quite a number of years, I have referred my client's employee claim matters to her and no one else. She has always represented them in a first class fashion and I have never heard one complaint. I highly recommend her for the highest rating possible.

Hi, Mindy,

I just wanted to reach out and thank you again for all of your help with my severance. I was able to negotiate language that was very much satisfactory to me, thanks to your guidance. I am happy to say that all is set and done!

My best!!

L.R
Silver Spring, MD

Mindy,

Thank you for taking a risk on this issue and standing so tall for the animals who need us. You stand so tall and courageous and compassionate!

Wayne Pacelle
Executive Director and President, The Humane Society of the United States
September 20, 2017

 

Hello Mindy

Thank you very much for your guidance. The letter with our changes was approved and signed
Thank you VERY much for your straightforward, professional guidance and kindness and understanding in what was
a pretty surprising situation. With this behind me, however, I am moving forward, . Best of luck and thank you again for your expertise!

Lu Steele Bethesda, MD

 

Hi, Mindy,

I just wanted to reach out and thank you again for all of your help with my severance. I was able to negotiate language that was very much satisfactory to me, thanks to your guidance. I am happy to say that all is set and done!

My best!!

L.R
Silver Spring, MD

 

Hi Mindy,
I am retiring on April 3rd, so I don't have too many days left! I will miss working with you as you are one of the finest attorneys I have ever dealt with during my 40 year (Federal) career.

- Lori Suto Goldsby, Head of Mediation Services, U.S. Nuclear Regulatory Commission

 

“First and foremost, I want to thank you very much for all of your help with my case. As you know, you came recommended through a friend whose cousin works at the Montgomery County Police Department. I was aware of your reputation, but having experienced it personally, I can say I am extremely impressed.”

- M. Brown Washington, DC

 

Dear Ms. Farber,
It was a pleasure speaking with you on Wednesday, July 2, 2014. I have had a career in law enforcement, over 38 years' experience as a private investigator, and I am currently employed as a Federal EEO Investigator. Never before have I had the pleasure of an attorney putting forth the effort that you have displayed in returning my phone call, and establishing a relationship that causes me to look forward to our continued professional communications. Your extensive 38 years' experience and accomplishments certainly have not dimmed your enthusiasm, and I appreciate it.

- Sincerely,
Robert A. Bolton, EEO Investigator, Office of Resolution Management, La Plata, MD 20646

 

Hi Mindy,
I am retiring on April 3rd, so I don't have too many days left! I will miss working with you as you are one of the finest attorneys I have ever dealt with during my 40 year (Federal) career.

- Lori Suto Goldsby, Head of Mediation Services, U.S. Nuclear Regulatory Commission

 

“First and foremost, I want to thank you very much for all of your help with my case. As you know, you came recommended through a friend whose cousin works at the Montgomery County Police Department. I was aware of your reputation, but having experienced it personally, I can say I am extremely impressed.”

- M. Brown Washington, DC

 

Dear Ms. Farber,
It was a pleasure speaking with you on Wednesday, July 2, 2014. I have had a career in law enforcement, over 38 years' experience as a private investigator, and I am currently employed as a Federal EEO Investigator. Never before have I had the pleasure of an attorney putting forth the effort that you have displayed in returning my phone call, and establishing a relationship that causes me to look forward to our continued professional communications. Your extensive 38 years' experience and accomplishments certainly have not dimmed your enthusiasm, and I appreciate it.

- Sincerely,
Robert A. Bolton, EEO Investigator, Office of Resolution Management, La Plata, MD 20646

 

Hi Mindy,
I am retiring on April 3rd, so I don't have too many days left! I will miss working with you as you are one of the finest attorneys I have ever dealt with during my 40 year (Federal) career.

- Lori Suto Goldsby, Head of Mediation Services, U.S. Nuclear Regulatory Commission

 

“First and foremost, I want to thank you very much for all of your help with my case. As you know, you came recommended through a friend whose cousin works at the Montgomery County Police Department. I was aware of your reputation, but having experienced it personally, I can say I am extremely impressed.”

- M. Brown Washington, DC

 

Dear Ms. Farber,
It was a pleasure speaking with you on Wednesday, July 2, 2014. I have had a career in law enforcement, over 38 years' experience as a private investigator, and I am currently employed as a Federal EEO Investigator. Never before have I had the pleasure of an attorney putting forth the effort that you have displayed in returning my phone call, and establishing a relationship that causes me to look forward to our continued professional communications. Your extensive 38 years' experience and accomplishments certainly have not dimmed your enthusiasm, and I appreciate it.

- Sincerely,
Robert A. Bolton, EEO Investigator, Office of Resolution Management, La Plata, MD 20646

 

Hi Mindy,
I am retiring on April 3rd, so I don't have too many days left! I will miss working with you as you are one of the finest attorneys I have ever dealt with during my 40 year (Federal) career.

- Lori Suto Goldsby, Head of Mediation Services, U.S. Nuclear Regulatory Commission

 

“First and foremost, I want to thank you very much for all of your help with my case. As you know, you came recommended through a friend whose cousin works at the Montgomery County Police Department. I was aware of your reputation, but having experienced it personally, I can say I am extremely impressed.”

- M. Brown Washington, DC

 

Dear Ms. Farber,
It was a pleasure speaking with you on Wednesday, July 2, 2014. I have had a career in law enforcement, over 38 years' experience as a private investigator, and I am currently employed as a Federal EEO Investigator. Never before have I had the pleasure of an attorney putting forth the effort that you have displayed in returning my phone call, and establishing a relationship that causes me to look forward to our continued professional communications. Your extensive 38 years' experience and accomplishments certainly have not dimmed your enthusiasm, and I appreciate it.

- Sincerely,
Robert A. Bolton, EEO Investigator, Office of Resolution Management, La Plata, MD 20646

 

Hi Mindy,
I am retiring on April 3rd, so I don't have too many days left! I will miss working with you as you are one of the finest attorneys I have ever dealt with during my 40 year (Federal) career.

- Lori Suto Goldsby, Head of Mediation Services, U.S. Nuclear Regulatory Commission

 

“First and foremost, I want to thank you very much for all of your help with my case. As you know, you came recommended through a friend whose cousin works at the Montgomery County Police Department. I was aware of your reputation, but having experienced it personally, I can say I am extremely impressed.”

- M. Brown Washington, DC

 

Dear Ms. Farber,
It was a pleasure speaking with you on Wednesday, July 2, 2014. I have had a career in law enforcement, over 38 years' experience as a private investigator, and I am currently employed as a Federal EEO Investigator. Never before have I had the pleasure of an attorney putting forth the effort that you have displayed in returning my phone call, and establishing a relationship that causes me to look forward to our continued professional communications. Your extensive 38 years' experience and accomplishments certainly have not dimmed your enthusiasm, and I appreciate it.

- Sincerely,
Robert A. Bolton, EEO Investigator, Office of Resolution Management, La Plata, MD 20646

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Potomac, MD 20854



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