Marc anticipates employee issues before they become employer problems, with a fanatical commitment to client service, which includes keeping his clients abreast of the latest legal and regulatory developments. He shares his best practices and up-to-date strategies for addressing emerging employment issues. Applying over 30 years of wide ranging litigation and counseling experience, he firmly believes an ounce of prevention is worth a pound of cure, and advises in-house counsel, business owners and executives, human resources professionals, and managers on a myriad of employment issues, including federal and state wage and hour laws, the Americans with Disabilities Act, the Family and Medical Leave Act, and anti-discrimination and harassment regulations.
From explaining the importance of asking good questions during the hiring process, to drafting comprehensive employment documents that take into account judicial decisions and time-tested best practices, to treating employees with respect even if needing to terminate them, Marc provides practical and wholistic advice to employers in a variety of industries. These include real estate management, non-profits and trade associations, professional services, technology, and health care.
Marc’s insights allow management to improve hiring decisions and retention rates; identify and resolve personnel issues sooner; make the best use of human resources; and focus on their core business. As one client said, “Marc has helped us with employee terminations, unemployment appeals, and personal coaching on how to handle such matters. He also made himself available to us (even when he was on vacation) and always gotten back to us quickly with answers to our questions. Having him as our counsel has really put our minds at ease.”
When conflicts arise, Marc represents clients in state and federal courts, before administrative agencies and various arbitration panels, and in mediation proceedings. He has managed all aspects of litigation, including pre-trial and trial work, appeals, and settlements.
Marc is a sought after and engaging speaker on employment issues and litigation avoidance strategies, and routinely conducts workshops for clients on a myriad of employment issues. Marc created the Employment Alliance Group (EAG) to create a value added, no cost forum for educating HR professionals, business owners, and business advisors. He features recognized experts at EAG meetings to share practical strategies and advice on employment and business issues.
When he is not helping clients, Marc enjoys spending time with his wife, their daughter, and friends; traveling, reading about what makes people tick, and working out. One of his favorite books is Dr. Alan Gregerman’s The Necessity of Strangers.
- Columbia Law School (J.D., 1985; Human Rights Law Review)
- University of Maryland (B.A. in Government and Politics, magna cum laude, 1982; Phi Beta Kappa, Omicron Delta Kappa )
- District of Columbia
Honors and awards
- Listed in Best Lawyers in America, Labor and Employment (2018-present)
- Listed in DC and Maryland Super Lawyers (2017-present)
- Named to Top Attorney List by Bethesda Magazine (2019)
- Recognized by Martindale-Hubbell as a Top Rated Lawyer in Labor and Employment Law (2015)
- Ranked AV Preeminent by Martindale-Hubbell Peer and Judicial Review Ratings
- Recognized by The Wall Street Journal in Legal Leaders Washington, DC and Baltimore’s Top Rated Lawyers (2015)
- Listed in Washingtonian Magazine Top Lawyers for Employment Law (2011)
- Named to SmartCEO’s “Greater Washington Legal Elite” (2006)
- Maryland State Bar Association
- District of Columbia Bar Association
- Bar Association of Montgomery County, Maryland
- Greater Bethesda Chamber of Commerce Executive Committee (Counsel to the Board 2016-present)
News & insights
Supreme Court Schedules Expedited Hearing to Hear Legal Challenges to OSHA ETS and CMS Vaccine Mandate
In a rare move, the Supreme Court scheduled an expedited hearing on January 7, 2022 to hear oral argument and legal challenges to two of the vaccine mandates that are …
On November 6, shortly after the Department of Labor (DOL) published its new OSHA ETS requirements, the United States Court of Appeals for the Fifth Circuit issued an order staying …
Bethesda Magazine surveyed more than 1,700 attorneys who practice in Montgomery County asking them to name the attorneys they would recommend in 29 practice areas. Twenty-five Lerch Early attorneys were …
Thirteen Overarching Themes That Employers Should Consider as They Navigate Vaccine Mandates and Related COVID Issues
President Biden’s Path Out of the Pandemic COVID‑19 Action Plan was soon followed by a series of guidances, directives, and additional information from the White House and from governmental entities. …
As part of his multi faceted national Path Out of the Pandemic COVID 19 Action Plan, President Biden issued Executive Order 14042, entitled “Ensuring Adequate COVID Safety Protocol for Federal …
On September 9, President Biden issued a multi-faceted national plan known as the Path Out of the Pandemic COVID-19 Action Plan to combat the spread of COVID and, specifically, new …
- Prevailed before the DC Office of Human Rights which issued a finding of no probable cause regarding allegations of national origin discrimination made by a former employee of the client. The complicated matter involved marshalling numerous documents (including training materials, regulatory directives, and business and employment policies) and analyzing written communications between personnel to establish that the decision to terminate the employee was justified for legitimate business reasons solely related to quality of care issues, and unrelated to allegations that national origin played a factor in the decision.
- Resolved dispute on behalf of a large local professional services firm involving allegations of intentional damage to a business relationship. Settled prior to trial with financial terms that were significantly more favorable than what the client expected, and in a manner that allowed the various parties to maintain professional relationships.
- Defended a health care client against a patient complaint to the Maryland medical licensing board, which found the claim to be without merit.
- Favorably settled a very challenging, multi-faceted overtime case brought by three disgruntled employees.
- Reviewed in excess of 80 separate job descriptions for a large tech company in connection with pending amendments to the Fair Labor Standards Act. Involved understanding many highly technical positions and determining whether the positions fell within one or more recognized exemptions to the overtime requirements, including providing the client with a list of suggested talking points for explaining to employees whose status as exempt or non-exempt might be changing, and strategies for properly managing the intertwined business, legal, and morale issues associated with the process.
- Trained managers on overtime rules, including how to avoid “off-the-clock” claims.
- Trained managers on understanding and preventing discrimination and retaliation claims.
Disclaimer: Each case is different and past results do not guarantee similar results in future matters.