Elena is the managing partner of the McGuireWoods Baltimore office as well as chair of the firm’s Labor & Employment Department. Elena represents management in employment and traditional labor matters.
Elena Marcuss is recognized as a trusted adviser to in-house counsel, senior leadership, and human resources professionals in all aspects of employment law. She provides advice and counsel regarding everyday employment matters, employment policies, and federal and state discrimination, whistleblower, wage and hour, pay equity, pay transparency, and leave laws. Elena defends employers in complex class and collective actions and whistleblower matters, as well other federal and state lawsuits and administrative agency matters, including Equal Employment Opportunity Commission, Office of Federal Contract Compliance Programs, and Department of Labor matters. She also specializes in conducting investigations of concerns raised by current and former employees.
Experience
- Representation of banking institutions and energy companies in various employment discrimination claims, including claims of retaliation, harassment, and disability, race, sex, age, national origin and religious discrimination.
- Representation of banking institution in administrative actions with the OFCCP and OSHA under Executive Order 11246 and SOX.
- Obtained dismissal of state law wrongful discharge claim as preempted by the at-pleasure provision of the National Bank Act, 12 U.S.C. § 24(Fifth), and affirmance by the Fourth Circuit in a case of first impression in that court.
- Obtained summary judgment and Fourth Circuit affirmance in collective misclassification case brought by the DOL against cable installation company.
- Representation of various employers in wage and hour payment claims under federal and state law.
- Georgetown University Law CenterJD1998
- Duke UniversityBAEconomics1995
Board Member, Health Care for the Homeless
Board Member, Maryland Chamber of Commerce
Member, Section of Labor and Employment Law, American Bar Association
Member, Section Labor and Employment Law, Maryland State Bar Association
- Speaker, "Discrimination: Managing through Increased Obligation and Exposure," Maryland Chamber of Commerce and Maryland S4RM State Council, Inc. 2016 Labor and Employment Law Conference, May 2016
- Speaker, "The Essential Employment Law Update: Recent Statutory, Decisional and Regulatory Development Impacting Healthcare Employers," American Health Lawyers Association Annual Meeting, July 2014
- Speaker, Meeting OFCCP Compliance Challenges in 2014, McGuireWoods LLP Complimentary Seminar, December 2013
- Paper and Speaker, "The OFCCP at the Doorstep: Enforcement and Litigation Issues," OFCCP at the Doorstep, October 2012
- Speaker, "Waubash Mart Stores, Inc. v. Dukes: What Has Happened Since," Rule Day Law Club, March 2012
- Speaker, McGuireWoods Seminar, McGuireWoods Seminar, March 2009
- Speaker, "Staying Out of Court," America’s Community Bankers HR Forum, September 2007
- District of Columbia
- Maryland
- U.S. Court of Appeals for the Third Circuit
- U.S. Court of Appeals for the Fourth Circuit
- U.S. Court of Appeals for the Tenth Circuit
- U.S. Court of Appeals for the D.C. Circuit
- U.S. District Court for the District of Columbia
- U.S. District Court for the District of Maryland
Selected for inclusion in The Best Lawyers in America, Employment Law – Management, Woodward/White, Inc., 2022-2025
Named to the “Employment Law Power List,” The Maryland Daily, 2024
Selected for inclusion, Labor & Employment – Maryland, Band 3, Chambers USA, 2022, 2023, 2024
Named to “Maryland Super Lawyers,” Employment & Labor, Super Lawyers, Thomson Reuters, 2016-2020
AV Rated by Martindale Hubbell
- Author, OFCCP Publishes New Corporate Scheduling Announcement List of 2,000 Contractor Sites for 2024-2025 Audits, McGuireWoods Legal Alert, November 25, 2024
- Author, OFCCP Acting Director Hodge Outlines Enforcement for Federal Contractors, McGuireWoods Legal Alert, August 1, 2024
- Author, OFCCP Publishes New Corporate Scheduling Announcement List Targeting Larger Affirmative Action Programs for New Audits, McGuireWoods Legal Alert, June 10, 2024
- Editor, McGuireWoods Updates D.C. Employment Law Guide, April 23, 2024
- Author, District of Columbia Enacts New Pay Transparency Law, McGuireWoods Legal Alert, January 12, 2024
- Author, OFCCP Publishes Fall Corporate Scheduling Announcement List of Federal Contractor Audit Targets, McGuireWoods Legal Alert, September 11, 2023
- Author, OFCCP Updates Audit Scheduling Letter and Itemized Listing for Federal Contractors, McGuireWoods Legal Alert, August 28, 2023
- Author, New Regulations Increase Risk of OFCCP Systemic Discrimination Allegations, McGuireWoods Legal Alert, August 9, 2023
- Author, Federal Trade Commission Proposes Rule to Bar Almost All Non-Compete Agreements in Contracts With Workers, McGuireWoods Legal Alert, January 5, 2023
- Author, D.C. Voters Approve Eliminating the Tip Credit System, McGuireWoods Legal Alert, November 9, 2022
- Author, Signed Into Law: Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act, McGuireWoods Legal Alert, March 14, 2022
- Author, D.C. Modifies the Paid Family Leave and Local FMLA Laws, McGuireWoods Legal Alert, October 18, 2021
- Author, D.C. Creates Rights for Workers Displaced by COVID-19 or Affected by Certain Business Changes, McGuireWoods Legal Alert, January 25, 2021
- Author, U.S. Department of Labor Issues Opinion Letter on Workdays Split Between Home and Office, McGuireWoods Legal Alert, January 8, 2021
- Author, U.S. Department of Labor Issues New Wage and Hour Opinion Letters, McGuireWoods Legal Alert, November 16, 2020
- Author, Labor Department Updates Families First Coronavirus Response Act Regulations, McGuireWoods Legal Alert, September 14, 2020
- Author, D.C. Implements Laws Mandating Workplace Training, Notices and Sexual Harassment Reporting, McGuireWoods Legal Alert, September 2, 2020
- Author, New D.C. Law Requires Employers to Adopt COVID-19 Safety Policies, McGuireWoods Legal Alert, August 17, 2020
- Author, New D.C. Law Requires Employee Transportation Benefit to Reduce Private-Vehicle Commuting, McGuireWoods Legal Alert, May 20, 2020
- Author, D.C. Will Require Paid Leave and Excused Absences for Voters, McGuireWoods Legal Alert, May 14, 2020
- Author, COVID-19: D.C. Amends Sick and Safe Leave Law to Align With FFCRA, McGuireWoods Legal Alert, April 15, 2020
- Author, DOL Issues Families First Coronavirus Response Act Leave Regulations for Employers, McGuireWoods Legal Alert, April 1, 2020
- Author, COVID-19: D.C. Expands FMLA to Include “Declaration of Emergency” Leave, McGuireWoods Legal Alert, April 1, 2020
- Author, Supreme Court Holds Internal Complainants Are Not Dodd-Frank Whistleblowers, McGuireWoods Legal Alert, February 26, 2018
- Author, Maryland Adopts Paid Sick and Safe Leave Law, McGuireWoods Legal Alert, January 31, 2018
- Author, Trend Continues to “Ban the Box” for Employment Criminal Background Checks, McGuireWoods Legal Alert, June 3, 2015
- Author, The “Protected Activity” Prong of a Prima Facie Retaliation Claim, McGuireWoods Legal Alert, March 6, 2015
- Author, “Ban the Box” Legislation Limiting Employment Criminal Background Checks Becoming More Prevalent, McGuireWoods Legal Alert, September 5, 2014
- Author, OFCCP Issues Enforcement Moratorium for TRICARE Subcontractors, McGuireWoods Legal Alert, June 2, 2014
- Author, Maryland Employment Law 2014 Legislative Wrap-Up, McGuireWoods Legal Alert, April 23, 2014
- Author, Obama Takes Executive Action Regarding Discussions of Pay at Work and Compensation Reporting, McGuireWoods Legal Alert, April 11, 2014
- Author, New Maryland Employment Laws Go Into Effect October 1, McGuireWoods Legal Alert, October 1, 2013
- Author, Supreme Court Clarifies Standard for Employer Attorney’s Fees Awards, McGuireWoods Legal Alert, June 16, 2011
- Author, New Maryland Laws Restrict Employers’ Use of Credit Reports and Otherwise Affect Employers, McGuireWoods Legal Alert, April 22, 2011
- Author, Maryland General Assembly Passes Bills Affecting Employers, McGuireWoods Legal Alert, April 29, 2010
- Author, Court Permits D.C. Human Rights Act Claim Brought By Out-of-Town Employee, McGuireWoods Legal Alert, October 28, 2009
- Author, 2009 Maryland Labor and Employment Legislative Update, McGuireWoods Legal Alert, April 27, 2009
- Author, Congress Expands Disability Definition Under the ADA, McGuireWoods Legal Alert, October 10, 2008
- Author, "Disparate Treatment of Employees with Caregiving Responsibilities," Journal of Health & Life Sciences Law, October 2008
- Author, To Pay or Not to Pay: Maryland Legislature Addresses Common Employee Leave Issues, McGuireWoods Legal Alert, July 24, 2008
- Author, The Fourth Circuit Holds That the At-Pleasure Provision of the National Bank Act Preempts State Law Claims for Wrongful Discharge, McGuireWoods Legal Alert, April 3, 2008
- Author, "The Department of Labor Issues Proposed Revisions to the Regulations Implementing the Family and Medical Leave Act Including the Military Leave Provisions of the National Defense Authorization Act for Fiscal Year 2008," Maryland State Bar Association Section of Labor & Employment Law Newsletter, Spring 2008
- Author, "Disparate Treatment of Employees with Caregiving Responsibilities," American Health Lawyers Association Labor & Employment Practice Group Newsletter, March 2008