Carla N. Murphy practices in the area of employment law and litigation. Ms. Murphy provides advice to employers in various industries concerning hiring, wage-and-hour issues, disciplinary action, due diligence reviews, family and medical leave laws (e.g., FMLA), disability accommodation laws (e.g., ADA), discrimination, harassment, retaliation, termination, competition, privacy and other business-related torts. She also provides management training and offers litigation avoidance advice to employers, encouraging the development of employment policies and agreements, which includes employee handbooks, arbitration agreements, non-competition and trade secret agreements, employment contracts, and separation and severance agreements. Ms. Murphy has successfully defended numerous clients in business and employment-related suits before state and federal courts and before administrative agencies, such as the Equal Employment Opportunity Commission (EEOC) and the Maryland Commission on Civil Rights. Ms. Murphy's litigation experience also includes work on a variety of complex maritime, commercial and construction cases. Her maritime practice includes representation of clients in large international matters defending against claims of unseaworthiness, maintenance and cure, violation of the Seaman's Wage Act, and negligence under general maritime law as well as the Jones Act.
As reflected in her more than 1,000-page publication, Maryland Employment Law Forms and Practice Manual, Ms. Murphy offers an especially practical focus as she counsels clients on the wide range of day-to-day legal issues relating to the employee/employer relationship. She also applies her experience from presiding over disciplinary and post-termination cases as a part-time Hearing Officer for the Baltimore City Civil Service Commission to effectively represent her clients in alternative dispute resolution and litigation matters.
Ms. Murphy is a 2000 graduate, with honors, of the University of Maryland School of Law, where she was associate editor of the Journal of Health Care Law & Policy, and a summa cum laude graduate of Lafayette College.
Areas of Practice
- Employment Counseling and Advice
- Employment Litigation
- Employment Discrimination
- FLSA and Wage and Hour Compliance
- FMLA and Other Leave Law Compliance
- Restrictive Covenants and Unfair Competition
Maritime
- Commercial Litigation
Representative Matters
- Obtained dismissal of claims against hospital in the U.S. District Court for the District of Maryland for sex discrimination, harassment, tortious interference, breach of contract, defamation and civil conspiracy.
- Represented large fuel supplier facing retaliation claims in the U.S. District Court for the District of Maryland and obtained summary dismissal of case.
- Represented national adult day care center sued for pregnancy discrimination and harassment in the U.S. District Court for the Southern District of Florida and obtained settlement favorable to the client.
- Mediation and settlement that health care client found favorable concerning unfair business competition and tortious interference claims.
- Defeated request for temporary restraining order to enforce non-solicitation agreement in the Baltimore City Circuit Court against national staffing company.
- Settled in a manner the client found favorable race discrimination and retaliation claims with EEOC and current employee on behalf of large fuel supplier.
- Counsel to national publishing company concerning wage and hour issues and reclassification strategies.
- Provided advice and counsel to clients in the financial services, healthcare, retail, not-for-profit and publishing industries regarding disability accommodation, medical leave laws, internal investigations, and reductions in force.
- Represented numerous employers and executives in the negotiation and drafting of employment agreements, non-competition and confidentiality agreements, and severance agreements.
- Conducted in house training for management on harassment, discrimination, hiring, firing, and wage and hour issues.
- Represented international ship-owner owner and management company in limitation action arising out of seaman's fatal injuries; obtained summary judgement on claims under the Jones Act and general maritime law.
- Represented various international defendants against claims of unseaworthiness, maintenance and cure, breach of contract, violation of Seaman's Wage Act, and negligence under the general maritime law and the Jones Act; successfully compelled arbitration of claims in the Philippines.
- Defended Turkish ship-owner, which had its vessel arrested. Vessel was released and arresting party issued letter of apology to owner.
- Assisted in significant personal injury maritime litigation to recover damages as a result of a passenger death; obtained settlement favorable to the client early on in the proceedings.
- Represented maritime business involved with offshore wind farms, offshore construction and water transportation between U.S. points as to wage and hour compliance issues.
Employment
Maritime/Transportation Matters
Admissions
- Court of Appeals of Maryland
- U.S. District Court for the District of Maryland
- U.S. Court of Appeals for the Fourth Circuit
- Supreme Court of the United States
- Maryland
Education
- University of Maryland School of Law, J.D., with honors, 2000
- Associate Editor, Journal of Health Care Law & Policy - Lafayette College, B.A., summa cum laude, 1997
Experience
- Duane Morris LLP
- Partner, 2015-present - Baltimore City Civil Service Commission
- Hearing Officer, 2011-2014 - Ober|Kaler
- Principal, 2008-2015
- Associate, 2000-2008
Professional Activities
Duane Morris Women's Impact Network for Success
- Downtown Partnership Board of Directors
- Federal Bar Association, Maryland Chapter
- Maryland State Bar Association, Section on Labor & Employment
- Women's Bar Association
- Maryland Defense Counsel
Honors and Awards
- Listed in Best Lawyers in America, 2021 and 2022
- Named "Maryland's 50 2015 Leading Women" by The Daily Record
- Recipient, MACS Volunteer Award, Maryland Association of Community Services, 2015
- Recipient, Volunteer Service Award, The Arc Baltimore, 2015
Listed in Maryland Super Lawyers for Employment & Labor Law, 2015-2019
- Named Very Important Professional ("VIP") Under 40 by The Daily Record, 2014
- Recipient, United Way Stellar Growth Award, 2010
- AV Preeminent® Peer Review Rated by Martindale-Hubbell®
Board Memberships
- The Arc Baltimore, 2008-present
- President
- Past Vice President
- Past Secretary
Civic and Charitable Activities
- Volunteer, Maryland New Directions, a career counseling and job placement agency dedicated to fighting poverty
- Member of the Board of Directors for The Arc Baltimore, a Social Service Provider for Individuals with Intellectual and Developmental Disabilities
Selected Publications
- Co-author, "Maryland and Delaware Become the 10th and 11th States to Provide Paid Family and Medical Leave," Duane Morris Alert, May 25, 2022
- Co-author, "The Mask Is Back – CDC Now Recommends Vaccinated People Wear Masks in Public, Indoor Settings in Areas of Substantial or High COVID-19 Transmission," Duane Morris Alert, July 28, 2021
- Co-author, "Maryland to Lift Capacity Restrictions on Dining and Other COVID-19 Mitigation Measures; Masking and Distancing Mandates to Remain," Duane Morris Alert, March 10, 2021
- Co-author, "Washington, D.C., Ban on Noncompetes Will Likely Not Take Effect Until October 1, 2021," Duane Morris Alert, February 17, 2021
- Author, "Washington, D.C., Employers Prepare for Broad Ban on Noncompete Agreements and Related Workplace Policies," Duane Morris Alert, January 21, 2021
- Co-author, "Maryland Tightens COVID-19 Restrictions on Bars, Restaurants, Hospitals and Other Indoor Establishments," Duane Morris Alert, November 18, 2020
- Co-author, "Maryland Recognizes Breach of Fiduciary Duty as an Independent Cause of Action," Duane Morris Alert, July 24, 2020
- Co-author, "Maryland to Permit Indoor Dining, Reopen Casinos and Lift Additional Restrictions on Nonessential Businesses, Subject to Local Orders," Duane Morris Alert, June 11, 2020
- Co-author, "Maryland Enters Stage Two of Reopening Plan, Lifting Restrictions for Nonessential Businesses, Subject to Local Orders," Duane Morris Alert, June 4, 2020
- Co-author, "Maryland Governor Announces State Will Complete Stage One of Reopening Plan, Subject to Local Orders," Duane Morris Alert, May 28, 2020
- Co-author, "Significant Changes for Maryland Employers ? Protective Hairstyles, Wage History and Wage Range Law, Mandatory WARN Requirements and More," Duane Morris Alert, May 18, 2020
- Co-author, "Many Maryland Counties and Cities to Retain Restrictions Despite Governor Lifting the Stay-at-Home Order," Duane Morris Alert, May 15, 2020
- Co-author, "Maryland Governor to Lift Stay-at-Home Order; Limited Businesses Permitted to Reopen, Subject to Local Orders," Duane Morris Alert, May 14, 2020
- Co-author, "Maryland Governor Announces Elective Surgery and Certain Outdoor Activities May Resume; Schools Will Remain Closed for Remainder of School Year," Duane Morris Alert, May 6, 2020
- Co-author, "Maryland Governor Announces Three-Stage Plan for Reopening the State," Duane Morris Coronavirus (COVID-19) Blog, April 24, 2020
- Co-author, "Maryland Executive Order Requires Face Coverings for Public Transportation, Foodservice and Retail Establishments; Physical Distancing Measures in Retail Spaces," Duane Morris Alert, April 16, 2020
- Author, "Maryland's Ban the Box Law Requires Swift Action for Employers to Comply," Duane Morris Alert, February 24, 2020
Author, "Department of Labor Issues New Wage and Hour Opinion Letters," Duane Morris Alert, July 8, 2019
Author, "Maryland Says '#MeToo' with New Employer Requirements Related to Sexual Harassment in the Workplace," Duane Morris Alert, June 4, 2018
Author, "Maryland Passes Mandatory Sick Leave Law, Overriding Governor's Veto - Effective February 11," Duane Morris Alert, January 18, 2018
- Quoted in "When Your Supervisor Wants You to Buy an Expensive Product for Their Side Hustle," The Washington Post, October 12, 2017
- Quoted, "Will Pay History Bans Complicate Hiring Practices?" Bloomberg BNA, June 12, 2017
- Author, "Maryland Considerably Expands Equal Pay Laws," Duane Morris Alert, September 16, 2016
- Quoted in "Work Advice: She thought her hours were going to be 8 to 5...," The Washington Post, September 10, 2015
- Quoted in "Expense Retorts: Workers Question Paying for Trade Shows and Bad Coffee," The Washington Post, July 9, 2015
- Author, Maryland Employment Law Forms and Practice Manual, Data Trace Publishing Company, 2006-2014
Selected Speaking Engagements
- Co-presenter, "Employee Handbooks: A Deeper Dive Pt II," Duane Morris Institute, (DMi), April 13, 2022
- Co-presenter, "Employee Handbooks: A Deeper Dive Pt I," Duane Morris Institute, (DMi), April 12, 2022
- Speaker, "Workplace Diversity & Employee Retention: How to Recruit and Retain Your Talent," Duane Morris Institute (DMi) Webinar, February 10, 2022
- Speaker, "Employee Handbooks - A Deep Dive," Duane Morris Institute (DMi), Webinar, March 11, 2021
- Speaker, "State Law Updates, Including COVID-19 Workplace Laws and Regulations," The New Reality of Workplace Law and Practice in the COVID-19 Era, Duane Morris LLP, Webinar, November 12, 2020
- Speaker, "Impact of COVID-19 on HR Policies and Practices," Duane Morris Institute (DMi), Webinar, August 6, 2020
Presenter, "Preparing for the Inevitable: Strategies for Handling EEOC Claims," Duane Morris Institute (DMi) Seminar, Philadelphia, October 29, 2019
Speaker, "Workplace Violence and Substance Abuse," Duane Morris Institute, November 18, 2018
Presenter, "Professionalism in a Diverse Workforce: Anti-Harassment & Discrimination Prevention Training," Legislative Assistant Training, December 6, 2017
- Speaker, Duane Morris' Developments in Workplace Law and Practice, Washington DC, May 18, 2017
- Speaker, "Analyzing the Current and Proposed Fair Labor Standards Act Regulations" Seminar, Baltimore Chapter of Associated Builders & Contractors, October 21, 2015
- Speaker, Duane Morris' Developments in Workplace Law & Practice, Washington DC, June 11, 2015
- Presenter, "Understanding Business Ethics and Directing the Organization on Times of Uncertainty," HR Certification Institute, 2014
- Presenter, "Selling HR to the Organization Through Human Capital Measurements," HR Certification Institute, 2014
- Presenter, "Social Media and Community Banking," Advisory Board Meeting, 2014
- Presenter, "Social Media, Health Care Privacy and Your Employees: 7 Tips to Avoid HIPAA Violations and Employee Claims," Webinar, Ober|Kaler, 2011
- Presenter, "Legal and Contractual Aspects of Practice," Annual Meeting of the American Academy of Home Care Physicians, 2011