About Amy Epstein Gluck

Amy Epstein Gluck is FisherBroyles' Employment Counsel and a partner in the Washington D.C. office. She has represented individuals and corporate clients in Virginia, Washington, D.C., and various federal district courts for more than twenty years. Ms. Epstein Gluck’s current practice areas include employment law—advising on and drafting employment agreements; handling employment negotiations, severance agreements, noncompete and nondisclosure agreements, “wrongful terminations” and other EEO matters; representation at the EEOC level; advising employers about discrimination laws and how to remain in compliance, and employment negotiations. Email Amy at Amy Gluck@fisherbroyles.com

Employee-Friendly California Provides Specific Guidance to Employers About Leave and Pay Related To COVID-19

By: Amy Epstein Gluck

On March 5, 2020, in a FisherBroyles client alert, I provided some answers to several pressing general questions that employers might have about managing their workforce during this turbulent time. If you missed the alert, you can read it here. If we know one thing about this Coronavirus or COVID-19, we know […]

Carving Out An Enforceable Noncompete In The 4th Circuit

By: Amy Epstein Gluck

Employers having trouble enforcing their noncompetes may have a better chance in the United States Court of Appeals for the Fourth Circuit—at least in Maryland—by adopting a more novel approach: condition the noncompete on the receipt of incentive payments pursuant to a clear incentive plan with defined goals, instead of relying on […]

Employers, The EEOC Is Watching

By: Amy Epstein Gluck

The U.S. Equal Employment Opportunity Commission (EEOC) is making some lists and checking them twice, that’s for sure.

Piggybacking on my law partner Rich Cohen’s post about the annual breakdown of the 2019 enforcement and litigation data compiled by the EEOC, the EEOC just promulgated another report—its Annual Performance Report (APR).

In the APR, the EEOC […]

Ban the What?

By: Amy Epstein Gluck

As of January 2020, 35 U.S. states and more than 150 cities and counties have passed “ban the box” laws, according to the National Employment Law Project (NELP).

What is “ban the box”? Which box? Where?

You know, those little boxes on job applications. The ones that require an employee to “check” if they have […]

Employers, Help Me To Help You—Please, Document!

By: Amy Epstein Gluck

Yes, I do love that scene in Jerry Maguire where Tom Cruise is kind of losing his mind but Cuba Gooding, Jr. helps him see the humor in their situation.

But in this case, it’s true. Imagine this very common scenario:

Sam supervisor walks into Hal HR’s office, and says “We need to terminate Edgar […]

“Stay Home and Bake Cookies!”

By: Amy Epstein Gluck

Being female in a traditionally dominated male workplace can be tough. Several industries such as fire and police departments, automative services, and construction crews have long contained skewed gender ratios.

Including truckers.

Just ask one female truck driver who filed a complaint late last week in Pennsylvania federal court against her employer, a construction […]

Uber and the EEOC Settle Their Differences

By: Amy Epstein Gluck

Way back when, i.e., in February 2017 and pre-#Metoo, an Uber employee published an online (i.e., very public) expose of what she considered to be a toxic culture at Uber and management’s failure to do anything about it—especially when alleged sexual harassment involved a rainmaker.

I wrote about it here and explained that […]

A Recipe For Sexual Harassment Liability

By: Amy Epstein Gluck

I used to cook most nights for my family. But several years ago, my husband took over. He has become a master chef in the last few years, and the kitchen has become his domain. He has a smoker, he has a grill, he has utensils the names of which I do not […]

News Flash—Simulating Sex Acts In The Workplace May Lead To Liability

By: Amy Epstein Gluck 

I’ve been grappling recently with various scenarios I consider to be “grey areas” as to the presence of a hostile work environment. A somewhat creepy message. Asking out an intern alone. Showing vacation photos while on the beach without a shirt.

Taken together, the conduct might rise to the level of “pervasive,” but maybe […]

Employers, Are Your Supervisors Prepared for Accommodation Requests for Mental Health Issues?

By: Amy Epstein Gluck

If your answer is anything other than “yes, absolutely,” we should really talk.

The Americans with Disabilities Act (ADA) protects qualified employees with mental health impairments the same as it does employees with physical disabilities—as long as the employee can perform the essential functions of the job and the accommodation does not impose an undue […]