During the 2019 legislative session, the Maryland House and Senate voted to enact the Criminal Record Screening Practices Act (Ban the Box) (the Act). ...more
New York City Bans Pre-Employment Marijuana Testing -
Effective May 10, 2020, New York City employers will no longer be able to test job applicants for marijuana. Such testing will now be considered a discriminatory...more
Does this scenario ring a bell? An employee needs time off from work for a health-related problem that appears to trigger the employee's rights under the Family and Medical Leave Act (FMLA). ...more
The D.C. Universal Paid Leave Act has incredibly broad reach. All employers that directly or indirectly employ or exercise control over the terms and conditions of employees working in D.C. and that are required to pay...more
Many of you read with interest our recent article discussing Maryland's new law, the General Contractor Liability for Unpaid Wages Act. As we outlined in the article, that law makes a construction general contractor jointly...more
Under Maryland wage laws, if an employer fails to properly pay its employees, it may be liable for up to three times the wages owed to the employee, plus attorneys' fees and costs. Employees may file a lawsuit against their...more
The #MeToo movement has not only increased social awareness regarding sexual harassment in the workplace, but it has also spawned new legal requirements for Maryland employers. On May 15, 2018, Governor Hogan signed the...more
According to the Maryland Department of Labor, Licensing and Regulation’s (DLLR) website, the Office of Small Business Regulatory Assistance has received more than 2,000 emails from employers and employees with questions...more
We previously updated you about the status and provisions of the Maryland Health Working Families Act (the “Act”), which would mandate paid sick and safe leave of up to 40 hours.
After much angst and a few political...more
Employers have until December 1, 2017 to electronically submit injury and illness information from their 2016 Summary of Work-Related Injuries and Illnesses (Form 300A) under OSHA’s 2016 Improve Tracking of Workplace Injuries...more
The news has been fraught with allegations of sexual harassment by major players in the television and movie production industries, high tech and venture capital firms, and others. High value employees alleged to have engaged...more
Indeed, the EEOC filed far more than 80 lawsuits during July, August, and September 2017 – the last quarter of its fiscal year. Approximately 50 percent of those lawsuits targeted employers for alleged individual and, more...more
In Van Rossum v. Baltimore County, Maryland, a jury awarded a community health inspector $250,000 in compensatory damages and $530,000 in back pay after deciding that her employer, Baltimore County, violated the ADA by...more
As we previously reported, during the last year of President Obama’s Administration, the Occupational Safety and Health Administration (OSHA) published an amendment to its illness/injury recording keeping rule, which would...more
Delaware and Oregon have joined Massachusetts and other local jurisdictions (like New York City, Philadelphia and Pittsburgh (currently in litigation)) by enacting laws that prohibit employers from inquiring about the salary...more
State and local jurisdictions across the country continue to enact mandatory paid sick leave laws that create administrative and compliance challenges for employers. At least seven states, the District of Columbia and...more
While employers wait to see if the Trump Administration will produce a kinder, gentler National Labor Relations Board (NLRB), the NLRB is still in the business of punishing employers for workplace policies that ostensibly...more
New York City is the third jurisdiction to pass a ban on salary history inquiries, following Massachusetts and Philadelphia. Philadelphia’s law was set to take effect in May 2017, however, the constitutionality of...more
Thirty years ago, the U.S. Supreme Court held in the landmark case of Meritor Savings Bank v. Vinson that workplace harassment is an actionable form of discrimination prohibited by Title VII of the Civil Rights Act of 1964....more
D.C. joins 11 other jurisdictions (California, Colorado, Connecticut, Delaware, Hawaii, Illinois, Maryland, Nevada, Oregon, Vermont and Washington) in banning employers’ use of employees’ or applicants’ credit...more
On December 8, 2016, the Philadelphia City Council passed an Ordinance prohibiting employers from inquiring about applicants' salary histories. The Mayor is expected to sign the Ordinance, which would take effect 120 days...more
In less than 30 days on October 1, 2016, the Montgomery County, Maryland Earned Sick and Safe Leave Act ("ESSLA") will become effective. The ESSLA's broad reach encompasses those employers who have physical locations in...more
The heightened focus on misclassification of workers as independent contractors should cause concern for employers. At least 30 states have partnered with the federal government to target worker misclassification, with...more
6/30/2016
/ Audits ,
Civil Monetary Penalty ,
Corporate Counsel ,
Department of Labor (DOL) ,
Employer Liability Issues ,
Independent Contractors ,
Joint Task Force ,
Misclassification ,
Sanctions ,
Unemployment Insurance ,
Wage and Hour
According to the U.S. Department of Labor (DOL), the Final Overtime Rule, which is effective on December 1, 2016, simplifies the regulations to make them easier for employees and employers to understand and apply. Really? ...more
5/27/2016
/ Bonuses ,
Department of Labor (DOL) ,
Employer Liability Issues ,
Exempt-Employees ,
Fair Labor Standards Act (FLSA) ,
Highly Compensated Employees ,
Minimum Salary ,
Misclassification ,
Non-Exempt Employees ,
Standard Duties Test ,
Unpaid Overtime ,
Wage and Hour ,
White-Collar Exemptions
New: Employer's Guide to the Family and Medical Leave Act -
If you are an employer covered by the FMLA, the U.S. Department of Labor has published a new "Employer's Guide to the Family and Medical Leave Act." The guide...more