Elena D. Marcuss Partner

Elena is the managing partner of the McGuireWoods Baltimore office. Elena represents management in employment and traditional labor matters.

She defends employers in federal and state courts against individual and collective claims of workplace discrimination and rights violations, such as statutory claims under Title VII of the Civil Rights Act of 1964, Section 1981 of the Civil Rights Act of 1866, the Family and Medical Leave Act (FMLA), the Americans with Disabilities Act (ADA), the Age Discrimination in Employment Act (ADEA), the Fair Labor Standards Act (FLSA), Maryland Wage Payment and Collection Law, the Sarbanes-Oxley Act (SOX), Executive Order 11246 and the National Labor Relations Act, as well as tort claims, such as wrongful discharge and defamation, and breach of contract claims. She has experience assisting clients in such traditional labor matters as unfair labor practice charges and trials, appeals to the National Labor Relations Board and federal Circuit Courts, and campaigns and elections. She also counsels employers regarding employment agreements, policies and handbooks, employee discipline and terminations, and compliance with state and federal employment laws.


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 Center, JD, 1998
  • Duke University, BA, Economics, 1995

Board Member and Secretary, Health Care for the Homeless

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," American Employment Law Council, October 2012
  • Speaker, "Waubash Mart Stores, Inc. v. Dukes: What Has Happened Since," Rule Day Law Club, March 2012
  • Speaker, Labor and Employment Law Developments in Uncertain Times, 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 3rd Circuit
  • U.S. Court of Appeals for the 4th Circuit
  • U.S. Court of Appeals for the 10th Circuit
  • U.S. Court of Appeals for the District of Columbia 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, 2023, 2024

Selected for inclusion, Labor & Employment - Maryland, Band 3, Chambers USA, 2022, 2023

Named to "Maryland Super Lawyers," Employment & Labor, Super Lawyers, Thomson Reuters, 2016-2020

AV Rated by Martindale Hubbell

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