On May 2, 2008, Mary Ellen Flynn was installed as President of the Montgomery County, Maryland Bar Foundation, Inc. This Foundation works both independently and in conjunction with the Bar Association of Montgomery County, Maryland to organize, operate, and contribute to programs dedicated to the promotion of social welfare, the elimination of prejudice and discrimination, the protection of human and civil liberties protected by law, and to ensure the availability of qualified legal assistance of every kind to the members of the community. Immediately prior to becoming President of the Bar Foundation, Ms. Flynn served as President of the Bar Association of Montgomery County, Maryland. She has also served as Chair of the Bar Association’s Courthouse Construction Committee, Treasurer of the Montgomery County Bar Foundation, Treasurer of the Bar Association for Montgomery County, President of the Montgomery County Chapter of the Women’s Bar Association of Maryland, Chair of the Solo and Small Firm Section of the Maryland State Bar Association, and as an Executive Committee Member of the Board of Governors of the Maryland State Bar Association. Ms. Flynn’s areas of practice include personal injury, civil and commercial litigation, domestic relations, criminal defense, and judgment enforcement.
The Maryland Trial Lawyers Association (MTLA) Disability Section, is holding a disability seminar titled “Disability Cases: What You Don’t Know CAN Hurt You and Your Clients”. Attorney Elliott Andalman, co-chair of the Disability Law Section, will be a moderator of the seminar and will be a speaker on the Long Term Disability Insurance – Federal, State, and Private Pensions Panel. The event will be held on June 19, 2008, in Columbia, Maryland. For more information about the event visit the MTLA website here. Registration information can be found here.
On May 4, 2007, Mary Ellen Flynn was installed as President of the Bar Association of Montgomery County, Maryland; an organization consisting of approximately 3,000 attorney-members. Prior to this election, Ms. Flynn has served as Treasurer of the Association, Treasurer of its Bar Foundation, President of the Montgomery County Chapter of the Women's Bar Association of Maryland, Chair of the Solo and Small Firm Section of the Maryland State Bar Association, and as an Executive Committee member of the Board of Governors of the Maryland State Bar Assocation. Ms. Flynn's areas of practice include personal injury, domestic relations, criminal defense, collections and judgment enforcement.
Attorney Daniel A. Katz will speak at the 2008 annual conference of the Metropolitan Washington Employment Lawyers' Assocation (MWELA). Mr. Katz, whose practice focuses on representing employees in employment matters, will present on identifying and litigating wage and hour claims on behalf of employees who are owed wages. Among his recent victories, Mr. Katz successfully represented three construction workers owed overtime wages against their former employer, some of the claims stretching back over 8 years. 2008 MWELA Annual Conference Agenda
Attorney Elliott Andalman spoke at the DC Bar Association Pro-Bono Social Security Disability Training on March 4, 2008.
Mr. Andalman participated in a Q&A panel discussion and presented twice, once on guidelines and the role of vocational experts; and once on how to an overview of hearings infront of an Administrative Law Judge.
On behalf of everyone at our firm, we welcome Jana Arkoian as the newest member to our team. Jana was hired on February 25, 2008 as a paralegal to assist associate attorneys Kate McDonough and Peter Casciano in their practices of our domestic relations, criminal defense, probate and wills and estates.
Jana Arkoian received a Masters degree in Education, with certification in History, Slovak Language, and Literature from Presov University in Slovakia. She is currently enrolled in the Paralegal Certificate program at Montgomery College and will graduate in May. She is fluent in Russian, Italian, Polish, Czech and Slovak. Prior to her employment with Andalman & Flynn she worked as a private tutor and a Language Consultant for the International Center for Language Studies.
Two of our newest attorneys decide to expand upon there professional experience by joining the Bar Association of Baltimore City (BABC). In the future both attorneys will be attending conferences and trainings held by the BABC. On March 21, 2008 both Peter Casciano and Kate McDonough were officailly welcomed as new BABC members.
The Law Firm of Andalman & Flynn is proud to announce that Kathryn McDonough and Peter Casciano have become associate attorneys with the firm. Both Kathryn "Kate" McDonough and Peter Casciano joined the firm as law clerks in September 2006 and August 2007 respectively. They will both be practicing in the areas of family law, criminal defense, probate, collections and judgment enforcement.
CYNTHIA DIPASQUALE
Daily Record Legal Affairs Writer
August 13, 2007
A magistrate judge in Greenbelt has ordered $67,000 in overtime wages be paid to three immigrant construction workers employed by a suburban Washington home remodeling company.
Marcos Garcia, Daniel Espinoza and Manuel Portillo worked for C&M Builders Inc. variably between 1999 and December 2005, according to attorney Daniel A. Katz. While they were properly paid for 40 hours of work per week, they claimed to never have been paid time-and-a-half for overtime hours often totaling an additional 40 hours per week.
“One of them worked there for six years,” Katz said of the employees. “Those who have less opportunities and less mobility tend to stay in situations which are unjust longer than those who have more choices and more mobility in life.”
The construction company was represented by the Law Office of Melvin George Bergman in Greenbelt, which did not respond to a request for comment.
Garcia worked with the Brentwood company between January 1999 and December 2005. Portillo was there from April 2003 until December 2005. Espinoza worked there from June through December 2005.
All three were always paid in cash and were paid “straight time,” according to Katz. Two of the plaintiffs had some time records. The plaintiffs and witnesses testified that the company’s workers punched time cards from 2003 forward, but the defendants did not produce those documents during discovery, Katz said.
While the case was fairly standard as far as wage claims go, Katz said the most challenging aspect was representing plaintiffs for whom going to court was “quite literally a foreign experience.”
“I think in general … convincing low-wage — and especially low-wage immigrant workers — that it’s worth it to pursue claims in court is a tough haul because they’re generally treated so inequitably in other aspects of society and it’s such an effort to take that plaintiff to court,” he said.
The case (8:06-cv-01945-JKS, filed July 28, 2006) was in U.S. District Court because the plaintiffs filed claims under the Fair Labor Standards Act.
U.S. Magistrate Judge Jillyn K. Schulze found in the plaintiffs favor after a one-day bench trial on July 30. She entered a judgment of $45,622 for Garcia, $18,045 for Portillo and $2,790 for Espinoza.
Elliott Andalman, President of the Maryland ACLU, worked on putting together a spectacular 75th Anniversary celebration which took place on June 3, 2007, in Baltimore. Over 600 persons from all over the state attended the event at Ravens' Stadium. Elliott was one of several speakers at the event which was highlighted by the keynote address of Anthony Romero, the President of the national ACLU.
The article is entitled, "An Outline of Benefits Available to Workers Who Become Disabled". It is published in the Summer 2007 Newsletter. The focus of the article is to inform the Bar about the programs available, other than workers’ compensation, to workers in Maryland if they become disabled to work. Workers’ compensation programs provide benefits for workers who suffer an accidental injury that arose out of or in the course of employment.
Elliott Andalman traveled to the Mississippi Gulf Coast this Spring to a pro bono clinic to assist victims of Katrina. He joined a group of lawyers from all over the country who assisted over 60 people regarding a variety of problems, many dealing with disputes with FEMA. The Pro Bono Clinic was sponsored by the Mississippi Center for Justice, whose executive director is Elliott's wife, Martha Bergmark.
On May 18, 2007, a Court of Special Appeals ruling changed how the court can calculate and distribute non-marital funds, specifically when one party brings into a marriage for use in purchasing a home, when the parties divorce, sell the home and divide the proceeds.
In Gibson v. Gibson, a wife sought reimbursement from her husband for approximately $30,000 in non-martial funds which she used toward the purchase of their marital home. The home was jointly-titled as tenants by the entirety and was purchased during the course of their 10-year marriage. When the parties divorced, the court originally awarded her 56% of the marital assets in the divorce; the court provided her with the extra 6% as her “reimbursement” for the $30,000 of non-marital money she provided for the martial home. However, the husband challenged the lower court’s decision because there was no statutory provision allowing the court to simply award one party more money for a non-marital contribution.
The Court of Special Appeals ruled that a party who contributes non-marital funds to the acquisition of real property titled as tenants by the entirety is not entitled to an automatic refund. The court must adhere to the Maryland Family Law Code §8-202 et seq. for division of property in a divorce action. The procedure that the court must follow in dividing martial assets is: 1) determine ownership of personal and real property, 2) determine what is marital property, 3) determine the value of all marital property, and lastly, 4) the court may grant a monetary award as an adjustment of the equities and rights of the parties concerning marital and non-marital property.
As such, the Court of Special Appeals remanded the Gordon case back to the lower court so that a determination of the marital property could be evaluated pursuant to Maryland Family Law Code §8-202 et seq.
Spearheaded by Delegate Kathleen Dumais of Montgomery County, Maryland’s District 15 and signed into law by Governor Martin O’Malley on April 10, 2007, House Bill 265 / Senate Bill 503 changes the way in which children’s health insurance premiums are accounted for in child support calculations.
Historically, the children’s monthly health insurance premiums have been deducted from the paying parent’s income, and the reduced income is then used to calculate the parent’s monthly child support obligation. House Bill 265 / Senate Bill 503 now require that the children’s health insurance premium be shared by both parents in proportion to their incomes. Given the rising cost of health insurance, the result is a more equitable allocation of the children’s premiums between the parents.
The new law goes into effect October 1, 2007.
When a party obtains a judgment against another party in a civil suit, the court awards a specified amount of money which is immediately payable. Judgments can operate as liens on real property the debtor owns and may be collected by garnishing the debtor’s bank accounts and wages, or seizing personal property. There are a few exemptions available to the debtor to protect assets from seizure and garnishment.
For example, federal and state law exempts child support from attachment for a parent’s debts. However, until the enactment of these Maryland bills, alimony payments have not been protected from garnishment, resulting in seizure of the entire monthly alimony payment. Whereas wage garnishments have generally been limited to garnishing a portion of the employee’s wages, generally 25% of disposable wages.
With the passage of House Bill 422 / Senate Bill 238, which shall go into effect October 1, 2007, alimony shall be exempt from garnishment to the same extent as wages, which is to say only a portion of the monthly alimony payment may be garnished.
Adopted on March 13, 2007 and approved by Governor Martin O’Malley on April 24, 2007, this bill changes Maryland Family Law Code §5-1006 to provide greater protections for children who suffer from mental or physical disabilities and whose paternity has not been determined. This bill goes into effect October 1, 2007.
Prior to the new law going into effect, a parent seeking to establish paternity of a child, and thus entitlement to child support, was required to bring any such claim prior to the child’s eighteenth birthday. The law provided no exception for children with special needs who are expected to need ongoing parent financial support beyond the ordinary age for termination of child support.
With the passage of this bill, a parent may now file to establish custody of a special needs child at any time prior to the child’s twenty-first birthday.
When a party obtains a judgment against another party in a civil suit, the court awards a specified amount of money which is immediately payable. Judgments can operate as liens on real property the debtor owns and may be collected by garnishing the debtor’s bank accounts and wages, or seizing personal property. There are a few exemptions available to the debtor to protect assets from seizure and garnishment. For example, federal and state law exempts child support from attachment for a parent’s debts. However, until the enactment of these Maryland bills, alimony payments have not been protected from garnishment, resulting in seizure of the entire monthly alimony payment. Whereas wage garnishments have generally been limited to garnishing a portion of the employee’s wages, generally 25% of disposable wages. With the passage of House Bill 422 / Senate Bill 238, which shall go into effect October 1, 2007, alimony shall be exempt from garnishment to the same extent as wages, which is to say only a portion of the monthly alimony payment may be garnished.
By Daniel Katz
House Bill 314, also known as the "Private Right of Action" bill, was passed by the Maryland House on March 21, 2007 by a 137-0 vote, and then by the Senate (Senate Bill 678) on March 29, 2007. Governor Martin O’Malley approved the bill on April 24, 2007.
The vast majority of states allow employment discrimination claims to be brought in local courts. When this new law goes into effect on October 1, 2007, Maryland will be in line with those courts.
This bill changes Maryland law to allow all employees to file lawsuits in the state courts against employers who violate anti-discrimination laws, such as such as bias in hiring, promotion, job assignment, termination, compensation, and harassment. Before the passage of this bill, many employees could only sue in the federal courts located in Baltimore and Greenbelt. The new law will give wider access to the courts for Maryland employees who are victims of discrimination.
House Bill 314 passed after years of effort by advocacy groups and attorneys who believed that all Marylanders should have access to the state courts when they are victims of discrimination. The new law was passed with the support of the Maryland Employment Lawyers Association, the Women’s Law Center of Maryland, the Maryland Human Relations Commission, the Maryland State Bar Association, and many other public interest organizations.
Attorney Elliott Andalman will be a speaker at the NOSSCR Spring 2007 Social Security Disability Law Conference in Baltimore, April 18-21, 2007.
Mr. Andalman will present twice, once on the examination of vocational experts at social security disability hearings; and once on an overview of federal disability retirement law. Mr. Andalman's co-presenter and co-author of the paper on vocational experts is Kathleen Sampeck, who is a vocational rehabilitation consultant.
This week the New York Times editorial board cited as an “assault on the rule of law” the “attempt by Justice Department lawyers to seize computers from the plaintiffs’ lawyers in order to remove a document central to their case against the government.” Meanwhile, right here in Maryland, the ACLU has gone to court challenging a state subpoena demanding production of a civil rights lawyer’s computer hard drive and personnel records.
When the government claims the right to rummage through the computer files of a lawyer who has won a court victory against it, it offends deeply enshrined American principles of privacy and attorney-client privilege. That’s why the American Civil Liberties Union of Maryland is appealing to the Maryland Court of Special Appeals to quash the subpoena.
The controversy arises in a voting rights case in which the Maryland Green Party successfully challenged the constitutionality of state election laws and practices that denied a Green Party candidate a place on the ballot during the 2000 Congressional elections. The merits of the dispute have been settled since 2003, when the State’s highest court ruled in favor of the Green Party. The courts also have squarely decided that the State is required to pay the Green Party’s legal fees under civil rights law. But the litigation has dragged on for years as the State has sought to delay or avoid payment of those fees – engaging in what Supreme Court Justice William Brennan once called “one of the least socially productive types of litigation imaginable.”
The subpoena was served in Spring 2006 upon Montgomery College, the employer of one of the Green Party’s lawyers, a non-party to the case. It demands production of the lawyer’s job application and his wage, attendance, and leave records. More importantly, the subpoena also seeks all email and other electronic information stored on the lawyer's password-protected work computer, including privileged communications between the lawyer and the Green Party and confidential documents prepared as part of the litigation.
Not only has this proceeding become a colossal waste of taxpayer resources, but enforcement of the subpoena would imperil two of the oldest and most fundamental legal protections that clients and their lawyers have -- the attorney-client privilege and the work product doctrine. At the same time, the subpoena could seriously undermine the enforcement of important civil rights laws. After all, what plaintiff in her right mind would come forward to seek justice through the courts if being successful means the party who violated her rights can then search her lawyer’s computer, reading any communications back and forth -- even if wholly unrelated to the case?
The tremendous explosion in surveillance-enabling technologies, combined with the ongoing weakening in legal restraints that protect our privacy have us drifting toward a surveillance society. It is time to hold the line in Maryland.
In a recent landmark U.S. Supreme Court Case, an employee sued her employer, alleging retaliation in violation of Title VII of the Civil Rights Act of 1964.
The employee claimed the employer was taking illegal actions against the employee because of her complaints about a supervisor’s sexual harassment.
The Court determined that:
(a) The Civil Rights Act was designed to protect against discrimination, whether or not it had any effect on the terms and conditions of employment; and
(b) The employee had to show that a reasonable employee in a similar situation would have found the discrimination materially harmful to his or her employment.
Here, the employee’s 37-day suspension without pay was found to be unlawful retaliation, even though prior to going to court the employer had reimbursed the employee for her lost pay during the suspension.
The court awarded the employee compensatory damages of $43,000 and $3,250 in medical expenses.
This case should help employees since the Court respected the employer’s position that an employee must prove that discrimination had a negative effect on the terms and conditions of employment.
The Ruling still requires an “acceptable medical source” to determine the existence of an impairment, but now treating sources which were previously deemed not to be “acceptable medical sources” may be given greater weight in the area of severity and limitations based on the actual treating relationship and specialty of the other medical source.
This has a substantial impact because state agency opinions are based solely on the review of the records submitted without even a consultative examination.
Under Social Security policy, SSR 02-1p, obesity is a “medically determinable impairment” and can be considered in the context of equaling other related listings such as cardiovascular and muscoskeletal. If the Social Security Administration fails to follow SSR 02-1p, it may have made legal error that can be the basis for an appeal of a Social Security Disability decision denying benefits.
The Commissioner has published its final regulations for the new disability determination process, which may be viewed at www.socialsecurity.gov/disability-new-approach, along with documents that summarize the new rules and transcripts of the Commissioner's testimony on the topic.
Elliott Andalman appointed Co-Editor of "Trial Reporter", the magazine published by the Maryland Trial Lawyer's Association.
The speaker for the Women's Bar Association, Montgomery County Chapter's May Luncheon will be Mary Ellen Flynn, Esq., President Elect of the Montgomery County Bas Association. Her presentation will be entitled:
"Leadership Development: How to Have Your Cake and Eat it Too"
Mary Ellen Flynn will discusss the role of leadership opportunities in her successful election as President of the Bar Association of Montgomery County.
Currently Managing Partner at Andalman & Flynn, P.C. in Silver Spring, Ms. Flynn received her J.D. from American University Washington College of Law in 1998 and practices in the areas of family law, criminal law and civil litigation. Prior to her election as the 2007 President of the Montgomery County Bar Foundation, President of the Montgomery County Women's Bar Association and Treasurer of the Maryland Women's Bar Association she also served as Chair of the Solo and Small Firm Section of the Montgomery County Far Association, as well as a member of the Nominations & Elections Committee, District Court Bench/Bar Committee, and Membership Committee for the Montgomery County Bar Association.
Persons interested in attending should contact Jennifer Forquer, jforquer@stricklersachitano.com, for details.
Andalman & Flynn, P.C. is pleased to announce that Daniel A. Katz, former Senior Associate, has become a principal of the firm effective January 1, 2006. Mr. Katz, who is bilingual in English and Spanich, has been associated with the firm since its inception in June 1998. He graduated summa cum laude from the Districk of Columbia School of Law in 1994. Before joining the firm, Mr. Katz clerked at the District of Columbia Court of Appeals. He will continue to practice employment law --including wage and hour, discrimination, and wrongful termination claims -- serious personal injury matters, and general civil litigation. Andalman & Flynn, P.C. is a general practice litigation law firm located in downtown Silver Spring.
Attorney Elliott Andalman was named to Washingtonian Magazine's December 2004 list of Top Lawyers in the Washington metropolitian area. Mr. Andalman was recognized for his work in Elder Law due to his success in securing disability benefits, specifically Social Security Disability, for his clients.
Andalman & Flynn P.C.
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Silver Spring, MD 20910
Phone: (301) 563-6685
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