Elena D. Marcuss Partner

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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.