Practice Areas: Employment & Labor, Business Litigation, Construction Litigation; view more
Licensed in Maryland since: 1997
Education: University of Baltimore School of Law
Details
Scott Mirsky is a principal attorney with Miller, Miller & Canby’s employment law and litigation section. Working out of their office situated in Rockville, Maryland, he concentrates on providing knowledgeable counsel and diligent representation in matters of employment law, construction litigation and employment disputes. With well over two decades of experience, he has handled a broad range of noncompete and trade secret disagreement cases, along with complex construction issues, employment claims, wage and overtime disputes and breach of contract claims.
Mr. Mirsky’s clientele includes businesses and individuals from diverse backgrounds and spectrums across different levels of organizational structure. He has litigated a number of cases throughout Washington, D.C. In addition to his litigation services, he also offers services in matters regarding prelitigation counseling risk, litigation management trials, hearings, arbitrations and appeals.
With the knowledge gained from years of representing businesses and employees, Mr. Mirsky offers experienced counsel to employers on the subject of independent contractor relationships and defense in disputes and allegations of denied rights and benefits. Over the years, he has received several positive peer reviews through Martindale-Hubbell and has been rated “Very Good” on Avvo.
Mr. Mirsky earned his Bachelor of Arts degree in justice and psychology from American University in 1994. He later pursued his Juris Doctor degree at the University of Baltimore School of Law, graduating in 1997. He was admitted to practice law in Maryland in the same year, followed by admission to the District of Columbia Bar in 1999.
Practice areas
Employment & Labor: Employer, Business Litigation, Construction Litigation: Business, Employment & Labor: EmployeeFocus areas
Construction Defects, Non-Compete Agreements, Sexual Harassment, Trade Secret, Wage & Hour Laws
- 60% Employment & Labor: Employer
- 20% Business Litigation
- 10% Construction Litigation: Business
- 10% Employment & Labor: Employee
First Admitted: 1997, Maryland
Professional Webpage: https://www.millermillercanby.com/attorney/scott-mirsky/
- Maryland Super Lawyers, 2019, 2023
- Tier 2 National Ranking for Litigation – Labor & Employment, Tier 2 National Ranking for Employment Law – Management, Tier 1 Metropolitan (D.C. area) Ranking for Litigation – Labor & Employment and Tier 1 Metropolitan (D.C. area) Ranking for Employment Law – Management, Best Law Firms – U.S. News & Best Lawyers, 2013-2023
- AV Preeminent® Peer Review Rated, Martindale-Hubbell, 2022
- DC Employment Justice Center - Pro Bono service
- Obtained an emergency preliminary injunction order that required client’s former salesperson, who had formed a competing business, to stop soliciting work from leads that were obtained during the time she worked for our client.
- Represented hotel chain in nationwide litigation involving alleged construction defects caused by the hotel’s builders, as well as warranty claims against the building component manufacturers.
- Defense of nationwide employer who was accused of improperly using copyrighted software.
- Obtained an order for a physician that declared a non-solicitation provision in his employment agreement to be unenforceable, which then allowed that physician to render medical services to his former patients without any restrictions.
- District of Columbia
- HR.com, Advisory Board Member, Legal, Compliance and Employment Law 2021 research
- Bar Association of Montgomery County, Member
- Maryland
- Bar Association of Montgomery County, Co-Chair, Employment Law Section, 2005-2007
- Maryland State Bar Association, Member, Board of Governors, Present
- ASTM Drafting Subcommittee F43.05 on Quality Assurance in Language Services, Active Member
- American University, B.A., 1994
- "Last Call for Initiative 82," WTTG, Fox 5 DC, November 8, 2022, Last Call for Initiative 82, 2022
- "Legal Hurdles Employees Face With Workplace Exposure," WTTG, Fox 5 DC, January 11, 2022, Legal Hurdles Employees Face With Workplace Exposure, 2022
- "Changes to Independent Contractor Rules," Paint Radio, April 7, 2022, Changes to Independent Contractor Rules, 2022
- "Navigating COVID-19 in the Workplace Now," MSBA: Insightful Voices, April 10, 2022, Navigating COVID-19 in the Workplace Now, 2022
- "Prince George’s County requiring mandatory testing for public safety, health personnel," News at 10, Fox 5 DC, July 13, 2020, Prince George’s County requiring mandatory testing for public safety, health personnel, 2020
- "Can Employers Require You to Take COVID-19 Vaccine?" News at 10, Fox 5 DC, December 1, 2020, Can Employers Require You to Take COVID-19 Vaccine?, 2020
- "Meeting with Directors at the DC Mayor’s Office of Community Affairs," D.C. Office of Community Affairs, March 2023, Presenter, Meeting with Directors at the DC Mayor’s Office of Community Affairs, D.C. Office of Community Affairs, 2023
- "Employment Law Day - Getting Your Ducks in a Row: Steering Employee Wages and Performance," Paley Rothman, March 2023, Presenter, Employment Law Day - Getting Your Ducks in a Row: Steering Employee Wages and Performance, Paley Rothman, 2023
- “Legal Update on Employment Law Issues Affecting the Language Services Industry,” Association of Language Companies 20th Annual Summit, September 2022, Presenter, Legal Update on Employment Law Issues Affecting the Language Services Industry, Association of Language Companies 20th Annual Summit, 2022
- “Employment Law Day: Sign the Dotted Line - Is the Non-Compete Agreement Even Enforceable Now?” Paley Rothman, February 2022, Presenter, Employment Law Day: Sign the Dotted Line - Is the Non-Compete Agreement Even Enforceable Now?, Paley Rothman, 2022
- "FMLA Case Shows Eligibility Issues For Staffing Agency Hires," Law360, December 2019, Author
- "Understanding the Essentials of an Independent Contractor Agreement," ALC 2017 Annual Conference, Miami, FL, May 19, 2017
- "Avoiding Employment Law Pitfalls for Language Service Companies," ALC 2018 Annual Conference, Scottsdale, AZ, April 27, 2018
- "Legal Ramifications of Dynamex on Employee Classification," ALC 2018 Washington Leaders Forum, Washington, DC, August 8, 2018
- “Attack on the Independent Contractor Relationship: Dynamex and Beyond,” 2019 ALC Annual Conference Capitol Hill Advocacy Day, Washington, DC, May 1, 2019
- "Employment Law Day: All On-Board! How to Conduct Successful Employee On-Boarding," Paley Rothman, February 2020
- "COVID-19 Employment Law Q&A," Paley Rothman, March 2020
- "Business Planning and Borrowing Options for Medical Practices in the COVID-19 World," a webinar for the Montgomery County Medical Society, April 2020
- "Returning Employees to Work as COVID-19 Restrictions Ease," Rockville Chamber of Commerce webinar, May 2020
- "Update and Refresher: PPP Loan Forgiveness & Return to Work Guidelines," a webinar for the Montgomery County Medical Society, May 2020
- "Returning Employees to Work as COVID-19 Restrictions Ease," a webinar for the Rockville Chamber of Commerce, May 2020
- "ALC Webinar Series: Limiting LSC Liability During COVID-19 Recovery," a webinar for the Association of Language Companies, August 2020
- "ALC Virtual Summit - Roundtable: Exemption, Exemption, Exemption," a webinar for the Association of Language Companies, September 2020
- "ALC Webinar Series: PPP Loan Forgiveness and Return to Work Guidelines," a webinar for the Association of Language Companies, June 2020
- "Applying for Second Round of PPP Webinar," a webinar for the Association of Language Companies, January 2021
- "PPP 2.0: A Summary and Update following Omnibus Government and COVID-19 Relief Funding Bill," a webinar for the Montgomery County Medical Society, January 2021
- “Employment Law Day - Changes: A New Chapter in Employment Law,” Paley Rothman, February 2021
- "Returning Employees to the Workplace," Paley Rothman, April 2021
- “Back to Work after the Pandemic: A Legal & Practical Approach,” Association of Language Companies 19th Annual Summit, September 2021
- “CLE: Best Practices for Navigation Office Issues Post- COVID19,” Bar Association of Montgomery County, November 2021
- “The Gig Economy Is Here To Stay But May Have To Adapt As Needs Change,” HR.com, May 2021, Author
- ASTM
Selections
- Super Lawyers: 2019, 2023 - 2024