Justin C. Eller is a principal in the firm's Baltimore office. He represents clients in a variety of industries, including financial services, warehousing and distribution, manufacturing, real estate, professional services, health care, information technology, education, and hospitality.
Justin defends employers throughout the country in matters before the Occupational Safety and Health Administration and analogous state agencies. He has successfully defended cases involving workplace fatalities, indoor air quality complaints, forklift accidents, anhydrous ammonia releases, ergonomics, emergency response, machine guarding, recordkeeping, and numerous other issues. Justin regularly assists employers in developing written safety and health programs and interpreting and complying with OSHA requirements.
Justin also advises and defends clients in all other areas of employment law, including employment discrimination, sexual harassment, retaliation, wrongful discharge, wage and hour claims, employment and severance agreements, non-competition and non-solicitation agreements, human resources management, and personnel practices and policies. Justin has extensive experience in conducting internal compliance audits under the Fair Labor Standards Act (FLSA), and in defending clients in FLSA cases brought by the Department of Labor. Justin also regularly advises clients on the complex interplay among the Americans with Disabilities Act (ADA), the Family and Medical Leave Act (FMLA), and state laws.
In addition to employment matters, Justin also advises and defends clients with respect to federal, state, and local public accommodation requirements. He has defended a large multi-housing client in a case brought by a tenant under the Fair Housing Act, alleging, among other things, lack of wheelchair accessibility and failure to provide reasonable accommodation. He also has defended public accommodations against claims brought by deaf and hard of hearing individuals under the Rehabilitation Act and Title III of the ADA.
Justin presents seminars and training sessions for clients and industry groups throughout the country, including the National Multi-Housing Council, MICPEL, and the Council on Education in Management.
Credentials
Maryland State Bar Association: Section of Labor and Employment Law Council - Member at Large
Maryland Super Lawyers® - Rising Stars Edition: Selected for inclusion in the area of Employment Litigation: Defense (2010)
Publications
"Recent Developments in Occupational Safety and Health," Maryland State Bar Association, Section of Labor and Employment Law Newsletter (Summer 2010 Extra Edition).
"OSHA Issues Site-Specific Targeting Plan For 2009," Miles & Stockbridge News Brief (September 25, 2009).
"Congress Expands FMLA Rights for Military Families," Miles & Stockbridge News Brief (February 2008).
"Common Vacation Policies Called Into Question in Maryland," Miles & Stockbridge News Brief (November 08, 2007).
"Does An Employer Have A Legal Duty To Its Employees' Spouses Under Maryland Law?" Maryland State Bar Association, Labor and Employment Section Newsletter (Fall 2005).
"Medical Center Employment Issues: Tell Me Where It Hurts," presented at the 43rd Annual Conference of the National Association of College and University Attorneys (NACUA) (June 2003).
Speaking Engagements
"Employment Law Update: ADA, OSHA, and More," National Multi-Housing Council Human Resources Forum, Dallas, Texas (April 28, 2011).
"Employment Law for the Recruiting Manager," NALP - The Association for Legal Career Professionals Annual Education Conference, San Juan, Puerto Rico (April 2010).
"Legal Issues Update: Social Media, Unionization, Employee Classification and More," National Multi-Housing Council Human Resources Forum, Chicago, Illinois (April 2010).
"Employment Law for the Recruiting Manager," NALP - The Association for Legal Career Professionals Annual Education Conference, San Juan, Puerto Rico (April 2010).
"Legal & Legislative Update: Recent Developments in Employment and Labor Law," National Multi-Housing Council Human Resources Forum, Chicago, Illinois (March 31, 2009).
"Privacy Rights in the Electronic Workplace: Emerging Issues," Miles & Stockbridge's Hot Topics in Employment Law Seminar, Baltimore, Maryland (May 2008).
"Privacy Issues, Background Checks, and Related Litigation Risks: An Interactive Briefing," National Multi-Housing Council Human Resources Forum, Chicago, Illinois (April 16, 2008).
"Small Business Institute: Human Resource and Employment Issues," MICPEL, Columbia, Maryland (March 2008).
"Background Checks in the Google and MySpace Era," National Business Officers Association, Baltimore, Maryland (January 2008).
"Managing FMLA Leave in a School Environment," National Business Officers Association, Baltimore, Maryland (January 2008).
Employment-Related Privacy Issues, Background Checks and Other Litigation Risks: An Interactive Counsel's Briefing," National Multi-Housing Council Legal Issues Colloquium, Washington, DC (September 2007).
"Hot Topics in Employment Law: Strategies for Minimizing Risk," National Multi-Housing Council Human Resources Forum, St. Louis, Missouri (March 2007).
"Advanced FMLA Issues," Kronos, Inc., Bethesda, Maryland (June 2006).
"OSHA in the Office and Beyond," Miles & Stockbridge's Hot Topics in Employment Law Seminar, Baltimore, Maryland (May 2006).
"Minimizing Liability Risks for Failing to Reinstate an Employee to the Same or an Equivalent Position," Council on Education in Management , Baltimore, Maryland (May 2005 and October 2005).
"Preventing Mismanagement and Improper Denial of Intermittent and Reduced Schedule Leave," Council on Education in Management, Baltimore, Maryland (May 2005 and October 2005).
"Preventing Harassment and Retaliation Claims," Miles & Stockbridge's Hot Topics in Employment Law Seminar, Baltimore, Maryland (May 2005).
"I Don't Have to Come to Work: Solutions for FMLA and ADA Challenges," Miles & Stockbridge's Hot Topics in Employment Law Seminar, Baltimore, Maryland (May 2004).
"OSHA's New Recordkeeping Rule and Health and Safety Compliance in Maryland," Lorman Education Services, Baltimore, Maryland (November 2002).