Marc R. Engel

Marc R. Engel: Attorney with Lerch, Early & Brewer, Chartered AV stamp icon
Attorney Awards

Biography

Marc Engel is an employment attorney committed to proactively helping for profit and nonprofit employers minimize the risk of employment claims; establish sound and effective employment documents and policies, and resolve local, state, and federal workplace disputes throughout the Washington, DC area.

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.

In addition to spending Sunday morning with the New York Times, Marc enjoys reading about what makes people tick. One of his favorite books is Dr. Alan Gregerman’s The Necessity of Strangers.

Honors & Awards

•Listed in Best Lawyers in America, Labor and Employment(2018-present)
•Listed in DC and Maryland Super Lawyers (2017-present)
•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)

Publications

•By the Numbers: Why Your Workplace Needs Effective Sexual Harassment Training December 12, 2018
•The ADA 'Association' Provision: What it is and Why Employers Need to Understand It November 1, 2018
•What Employers Need to Know About Maryland's New 'Disclosing Sexual Harassment in the Workplace Act of 2018' August 29, 2018
•Business Deals, 'Weinstein' Clauses, and Harassment Training August 15, 2018
•Montgomery County, MD Wage Increase to Take Effect July 1, 2018 June 25, 2018
•Practical Steps Employers Should Take to Avoid Harassment Claims June 1, 2018
•DOL Revamps Criteria for Determining Whether You Must Pay Your Summer Intern June 1, 2018
•New Supreme Court Decision May Have Wide-Ranging Impact on Overtime Exemptions May 21, 2018
•Maryland's New 'Disclosing Sexual Harassment in the Workplace Act of 2018': What Employers Need to Know May 8, 2018
•Twelve Common Employer Mistakes That Make Plaintiffs’ Attorneys Happy February 1, 2018
•Seven Things Employers Should Do Regardless of Size February 1, 2018
•An Overview of Maryland’s New Paid Sick and Safe Leave Law January 19, 2018
•A Fresh Look at Effective Harassment Training January 2, 2018
•Preventing and Defending Off the Clock Overtime Claims November 16, 2017
•Why In-Person Sexual Harassment Training is More Important Than Ever November 15, 2017
•New Laws Prohibiting Salary History Questions Largely Unnecessary, but Likely to Continue July 25, 2017
•Legislative Alert: Proposal would Mandate Minimum Work Week for Montgomery County Maintenance Staff July 25, 2017
•Bill O'Reilly of Fox News: A Cautionary Tale for Employers May 23, 2017
•Why Plaintiffs' Attorneys Hope That Employers Continue to Treat Employment Documents Like 'Commodities' January 18, 2017
•Texas Judge Blocks Department of Labor's Amendments to Overtime Rules November 23, 2016
•Montgomery County Employers Must Now Provide Paid Parental Leave November 3, 2016
•Legislative Alert: Your Community Association Should Pay Attention to These New Employment Laws September 29, 2016
•Maryland's New Equal Pay for Equal Work Act September 15, 2016
•What Employers Need to Know About Montgomery County's New Sick and Safe Leave Act August 31, 2016
•What Employers Need to Know About the New Changes to Federal Overtime Regulations May 19, 2016
•How Employers Can Use the Orientation Process to Prevent Overtime Claims April 26, 2016
•How to Navigate Reference Requests for Former Employees February 24, 2016
•Understanding the Department of Labor's New Interpretation of Joint Employer Liability February 10, 2016
•How to Prepare for Changes to the Federal Overtime Regulations January 12, 2016
•Small Employers and Their Owners in Maryland can be Liable for Failing to Pay Overtime November 17, 2015
•When Can an Employer Terminate an Employee for Facebook Activity? November 4, 2015
•How Time Sheet Certifications Can Help Defeat Off-the-Clock Overtime Claims October 26, 2015
•What Employers Need to Know About the DOL Guidance re the [Mis]Classification of Employees as Independent Contractors Under the Fair Labor Standards Act September 1, 2015
•What Employers in Maryland Need to Know About the Settlement of Overtime Cases in Federal Court August 4, 2015
•What Montgomery County Employers Need to Know About the New Sick and Safe Leave Act July 27, 2015
•Why the Fourth Circuit Court's Recent Decision in a Harassment/Retaliation Case is a Potential Game Changer for Maryland Employers June 11, 2015
•Why Homeowners Associations, Condominium Associations, and Property Management Companies Need to Observe Employment Laws and Establish Employment Policies May 7, 2015
•Employment Law Myth Number One: Small Employers Need Not Be Concerned About Employment Laws Or Establishing Employment Policies April 15, 2015
•What Employers Need to Know About Recent Amendments to the DC Sick and Safe Leave Act February 20, 2015
•Still More That Employers Can Learn From Legendary Coach John Wooden: Achievable, Basic Resolutions That Employers Should Keep in 2015 January 22, 2015
•Taking Control: Five Achievable Employer Actions to Avoid Wage and Hour Claims September 25, 2014
•FLSA: 'Fearing Law Suits Always' or Fair Labor Standards Act? How to Avoid Compensation Claims Under the FLSA June 13, 2014
•10 Takeaways from Avoiding FLSA Compensation Claims June 13, 2014
•Parental Leave Act Strengthening Maryland Employee Leave Protection to Take Effect October 1 May 1, 2014
•Showing Up Different: What Smart CEOs and Business Advisors Can Learn from Dr. Alan Gregerman's Fascinating New Book 'The Necessity of Strangers' March 11, 2014
•What Employers Can Learn From Legendary Coach John Wooden: Achievable, Basic Resolutions That Employers Should Keep in 2014 January 27, 2014
•Trash that Employee Handbook? Not So Fast August 30, 2013
•What Employers Really Need to Know About the Two Recent Supreme Court Worker Bias Cases July 10, 2013
•Employers Beware - New Maryland Law to Enforce Wages Set to Take Effect on October 1, 2013 July 10, 2013
•A Little Respect: Why to Channel Your Inner Aretha Franklin When You Fire Someone June 7, 2013
•Six MORE Employer Mistakes Plaintiffs’ Attorneys Love to See June 6, 2013
•What Employers Need to Know About the EEOC’s New Strategic Enforcement Plan December 11, 2012
•What Employers Need to Know About Job Descriptions and Why Ignoring Them Can Be Dangerous November 26, 2012
•Sound Measures Employers Can Take To Understand And Meaningfully Address Wage Hour Issues And Claims July 11, 2012
•Why Employers Should be Concerned About the Increase in Charges of Employment Discrimination January 26, 2012
•Ten Achievable Employment Goals for Employers in 2012 January 23, 2012
•What Employers Need to Know About the New Veterans Opportunity to Work to Hire Heroes Act of 2011 (VOW Act) January 19, 2012
•What Employers Can Learn from the Penn State Scandal November 28, 2011
•Retaliation Claims are More Difficult for Employers in Light of High Court’s Decisions October 21, 2011
•Key Actions to Prevent Retaliation Claims October 19, 2011
•What Character Education and Grit Have To Do With Better Hiring Decisions October 13, 2011
•Maryland’s Job Applicant Fairness Act Takes Effect October 1, 2011: Prohibits Many Employers from Using Credit Reports or History September 30, 2011
•Why Community Associations and Property Management Companies Need to Be Concerned About Employment Laws and the Need to Establish Sound Written Employment Policies April 11, 2011
•MD Court of Appeals Holds That Conditionally Granted Unvested Stock Options Are Not Wages March 11, 2011
•Back to Basics: The Importance of Handling the Receipt of Legal Documents Properly January 27, 2011
•Why One-on-One Training Makes Sense for Professional Service Providers June 16, 2010
•When Do-It-Yourself Employment and Personnel Fixes Can Be a Problem June 16, 2010
•8 Steps Employers Should Take To Improve Personnel Practices and Reduce the Risk of Litigation September 21, 2009
•A Smart Resolution: 10 Measures Employers Should Take in 2008 to Improve Employment Practices and Reduce the Risk of Litigation December 16, 2007
•Revamped Anti-Discrimination Law Likely to Impact Maryland Businesses August 2, 2007
•Employers Beware: What the Supreme Court’s Employee-Friendly Decision on Retaliation Means and What Employers Should Do About It April 9, 2007
•8 Steps to Make Mediation Successful July 3, 2005
•Benefits of Using the Mediation Process July 2, 2005

Events

•SHRM Workshop on Understanding and Preventing Harassment August 15, 2018
•Ask the Attorneys: Conversation and Lunch for Nonprofits and Associations June 1, 2018
•Strategies for Successfully Mediating an Employment Case April 18, 2018
•Understanding and Preventing Sexual and Other Unlawful Harassment - Greater Silver Spring Chamber Workshop February 13, 2018
•Understanding and Preventing Sexual and Other Unlawful Harassment January 26, 2018
•Managing Within the Legal Landscape for Property Management Companies August 23, 2017
•FLSA: 'Fearing Law Suits Always' or Fair Labor Standards Act? Employer Seminar June 13, 2014

News

•Lerch Early Attorneys Named to Best Lawyers in America 2019 August 15, 2018
•On the Hook: Maryland General Contractors Responsible for Subcontractors' Wage Violations Under New Law May 2, 2018
•Lerch Early Attorneys Named to 2018 DC Super Lawyers List April 23, 2018
•Lerch Early Attorneys Named to Best Lawyers in America 2018 August 15, 2017
•Lerch Early Lawyers Named to 2017 Super Lawyers List April 24, 2017
•Employment Attorney Marc Engel to Speak at 2017 Nonprofit Talent & Culture Summit March 31, 2017
•Attorney Marc Engel to Speak on Post-Election Trends, Enforcement, and New Legal Threats in Employment Law November 30, 2016
•Marc Engel Appears in August Edition of North Potomac Times August 2, 2016
•Marc Engel Presents Employment Law Workshop to Montgomery County Chamber of Commerce July 29, 2016
•Employment Attorney Marc Engel Presents Employment Law Workshop to Gaithersburg Germantown Chamber Members June 28, 2016
•Employment Attorney Marc Engel Named Counsel to the Board of The Greater Bethesda Chamber of Commerce June 28, 2016
•Employment Attorney Marc Engel to speak about New Employment Law Changes at Greater Bethesda Chamber of Commerce Workshop June 10, 2016
•Employment Attorney Marc Engel Authors Chapter in American Bar Association Book March 28, 2016
•Marc Engel featured in Bloomberg BNA's Daily Labor Report January 19, 2016
•Marc Engel Presents Employment Law Workshop to Small Business and Nonprofit Employers November 17, 2015
•Marc Engel Speaks on Employment Laws Affecting Small and Mid-Sized Businesses October 3, 2013
•Marc Engel Featured in SmartCEO Business Advice Article June 7, 2013
•A Little Respect: Why to Channel Your Inner Aretha Franklin When You Fire Someone June 7, 2013
•Marc Engel Speaks to SmartCEO About Employment Issues February 26, 2013
•Marc Engel Speaks on Hiring Decisions and EEOC in Maryland Daily Record April 30, 2012
•Washingtonian Names 4 Lerch Early Attorneys 'Stars of the Bar' November 23, 2011
•Marc Engel and Ted Goldstock Speak to Chinese Business Group About Employment and Business Issues October 28, 2011
•Marc Engel Presents Seminar on Danger of Misclassifying Employees to BCC Chamber September 24, 2010
•Surrounded by Geniuses Author Speaks to Employment Group March 3, 2010
•Marc Engel on Employment Law in Daily Record: There's a Sense of Anxiety That I Haven't Seen in 24 Years of Practice December 3, 2009
• 8 Employment Actions to Take Now Featured in Textile Industry Magazine October 3, 2009
•Employment Law Basics and Best Employment Practices in These Challenging Economic Times August 31, 2009
•Marc Engel Speaks to Private School Heads of School About Employee Hiring, Management and Risk Reduction May 5, 2008
•Marc Engel Authors Article About Changes in Maryland Leave Pay Practices May 4, 2008
•Marc Engel Hosts Employment Law Group Seminar on Violence in the Workplace March 6, 2008
•Marc Engel Appears on Blueprint for Wealth Radio Program February 3, 2008
•Marc Engel Career Advice Article Featured in Washington Post Business Section February 1, 2008
•Rick Vernon and Marc Engel Author Articles About Paying for Accrued Vacation and Litigation Avoidance January 2, 2008
•Marc Engel Speaks on Hiring Practices and Retaliation Claims May 19, 2007
•Marc Engel Authors Seven Steps to Make Mediation Successful May 14, 2007

Areas of Practice (3)

  • Education
  • Litigation
  • Employment/Labor

Education & Credentials

Contact Information:
(301) 657-0184  Phone
(301) 347-1798  Fax
www.lerchearly.com/team/marc-r-engel
University Attended:
University of Maryland, B.A., Government and Politics, magna cum laude, Phi Beta Kappa, Omicron Delta Kappa, 1982
Law School Attended:
Columbia Law School, J.D., Human Rights Law Review, 1985
Year of First Admission:
1985
Admission:
1988, District of Columbia; 1985, Maryland
Memberships:

Professional Memberships

•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)

Birth Information:
1960
Reported Cases:
Representative Matters: 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.
ISLN:
907594114
Payment Information:
  • Credit cards accepted
  • Accepts MasterCard and Discover

Peer Reviews

Documents (59)

Documents by this lawyer on Martindale.com

Bethesda, Maryland

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