Maryland was one of the first states to implement a pay transparency law in 2020, and now it joins several states in broadening that law to require employers to disclose a wage range for open positions (Washington, D.C.’s pay...more
On April 23, 2024, by a 3-2 margin, the FTC voted to finalize its controversial non-compete rule, which, generally, will prohibit businesses from entering into non-compete agreements with nearly all workers across the U.S....more
4/26/2024
/ Department of Labor (DOL) ,
Employment Contract ,
Federal Bans ,
Federal Trade Commission (FTC) ,
Final Rules ,
FTC Act ,
Non-Compete Agreements ,
Non-Disclosure Agreement ,
Non-Solicitation Agreements ,
Notice of Proposed Rulemaking (NOPR) ,
Restrictive Covenants ,
Trade Secrets
Mayor Bowser recently signed into law D.C.’s Wage Transparency Omnibus Amendment of 2023. The new law expands the existing wage transparency law in two important ways. First, in addition to currently prohibiting employers...more
Employers in Maryland and Virginia should be aware of new laws that affect non-compete, confidentiality, non-disclosure, and non-disparagement provisions in pre-dispute agreements that are provided to employees at the onset...more
10/30/2023
/ Confidential Information ,
Maryland ,
Minimum Wage ,
Non-Compete Agreements ,
Non-Disclosure Agreement ,
Non-Disparagement Provisions ,
Pre-Dispute Arbitration ,
Pre-Employment Agreements ,
Sexual Assault ,
Sexual Harassment ,
Virginia
UPDATE: The U.S. Supreme Court held a special hearing on January 7, 2022, and is expected to rule soon on whether OSHA may proceed with its Emergency Temporary Standard for large employers. The Court is also considering...more
UPDATE: A federal appeals court (the Fifth Circuit Court of Appeals) permanently blocked OSHA’s vaccine rule on November 12, 2021, citing to “serious constitutional concerns” with the rule. This is not the end of the...more
11/30/2021
/ Appeals ,
Biden Administration ,
Coronavirus/COVID-19 ,
Employer Liability Issues ,
Employer Mandates ,
Enforcement ,
Health and Safety ,
OSHA ,
Vaccinations ,
Virus Testing ,
Workplace Safety
The Federal Occupational Health and Safety Administration (OSHA) has released its long-awaited Emergency Temporary Standard (ETS) pertaining to workplace COVID-19 vaccination and testing requirements for employers with 100 or...more
11/5/2021
/ Biden Administration ,
Coronavirus/COVID-19 ,
Emergency Management Plans ,
Employer Liability Issues ,
Employer Mandates ,
Health and Safety ,
Infectious Diseases ,
New Rules ,
OSHA ,
Public Health Emergency ,
Vaccinations ,
Virus Testing ,
Workplace Safety
The Biden Administration yesterday unveiled its Path out of the Pandemic – a six-pronged plan designed to further combat COVID-19. Employers have already struggled to deal with the bevy of ever-changing COVID-19...more
9/14/2021
/ Biden Administration ,
Coronavirus/COVID-19 ,
Employer Mandates ,
Executive Orders ,
Federal Contractors ,
Federal Employees ,
Healthcare Workers ,
Infectious Diseases ,
OSHA ,
Privately Held Corporations ,
Vaccinations ,
Workplace Safety
The District of Columbia Council has passed the Ban On Non-Compete Agreements Amendment Act of 2020 (“the Act”). If it goes into effect (and we are monitoring closely whether it will), it will almost entirely ban non-compete...more
On May 19, 2020, the Occupational Safety and Health Administration ("OSHA") issued new interim guidance on recordkeeping for COVID-19 cases in the workplace. Effective May 26, 2020, this guidance supersedes the April 10, 2020...more
In Part Seven of our Roadmap Series, we take a closer look at the impact of COVID-19 on employee mental and physical well-being, and what employers can do to assist their workforce.
The Reality -
It should come as no...more
On April 10, 2020, the Occupational Safety and Health Administration (“OSHA”) published updated guidance on recordingkeeping requirements for COVID-19 cases in the workplace. This updated guidance supplements OSHA's March...more
President Trump signed the Families First Coronavirus Response Act into law late Wednesday night. We summarize the enacted version below (which replaces our analysis of an earlier version the House passed, which it since...more
We are closely tracking the Families First Coronavirus Response Act (H.R. 6201) passed by the United States House of Representatives in response to the coronavirus (COVID-19) outbreak. The bill now goes to the United States...more
Last week, the Occupational Safety and Health Administration (“OSHA”) released updated guidance addressing steps companies can take to keep their workplaces safe during the COVID-19 pandemic. This Guidance on Preparing...more
The D.C. council is considering legislation that would prohibit the use of non-compete provisions for entry level and moderate-income employees, and would apply to D.C. workers that earn up to three times the minimum wage,...more
Calculating overtime pay for tipped employees working in multiple positions at different rates in a single workweek can be confusing. So confusing, in fact, that we discovered that even the District of Columbia’s Department...more
10/10/2019
/ Employer Liability Issues ,
Guidance Update ,
Hospitality Industry ,
Minimum Wage ,
New Guidance ,
Over-Time ,
Rate of Pay ,
Restaurant Industry ,
State Labor Laws ,
Tip Credit ,
Tipped Employees ,
Tips ,
Wage and Hour
The Department of Labor (DOL) has issued a Notice of Proposed Rulemaking (NPRM) that it estimates would convert more than one million now overtime-exempt workers to non-exempt, overtime-eligible employees. Currently, the...more
In the case of DiFiore v. CSL Behring, LLC, the Third Circuit ruled for the first time that the more demanding “but for” causation standard applies to retaliation claims under the False Claims Act (“FCA”), rejecting the lower...more
1/16/2018
/ ADEA ,
Age Discrimination ,
But For Causation ,
Dodd-Frank ,
Employer Liability Issues ,
Equal Employment Opportunity Commission (EEOC) ,
Federal Contractors ,
Protected Activity ,
Retaliation ,
Sarbanes-Oxley ,
SCOTUS ,
Title VII ,
UT Southwestern Medical v Nassar ,
Whistleblowers
A recent Fourth Circuit ruling in a case handled by Mintz Levin provides some comfort to employers concerned about terminating an employee who they believe has made a false complaint of discrimination. In Villa v. CaveMezze...more
As we discussed yesterday at Mintz Levin’s Third Annual Employment Law Summit, big changes are likely in the offing as all three branches of our federal government begin to deal with labor and employment issues following...more
4/10/2017
/ Blacklist ,
Browning-Ferris Industries of California Inc. ,
Congressional Review Act ,
Department of Labor (DOL) ,
EEO-1 ,
Equal Employment Opportunity Commission (EEOC) ,
Ernst & Young v Morris ,
Federal Contractors ,
Fiduciary Rule ,
Joint Employers ,
McLane Co. v EEOC ,
Minimum Wage ,
Misclassification ,
Neil Gorsuch ,
NLRA ,
NLRB ,
Over-Time ,
Persuader Rules ,
Preliminary Injunctions ,
Right to Work ,
SCOTUS ,
Secretary of Labor ,
Sexual Orientation Discrimination ,
State and Local Government ,
Strategic Enforcement Plan ,
Title VII ,
Trump Administration ,
White-Collar Exemptions
The District of Columbia, Maryland (including Montgomery County) witnessed an active 2016 with respect to new and amended workplace laws that impose additional responsibilities on employers, and expand employee rights and...more
3/2/2017
/ Employment Tax ,
Equal Pay ,
Hiring & Firing ,
Medical Leave ,
Minimum Wage ,
Paid Leave ,
Safe Leave ,
Sick Leave ,
Tipped Employees ,
Veterans ,
Wage and Hour ,
Wage Theft Prevention Act
Employers across the country woke up this morning to news that a Texas District Court judge has blocked the DOL’s overtime rule from taking effect on December 1, 2016. This represents a stunning turn of events for employers....more
In a stunning turn of events for employers, the United States District Court for the Eastern District of Texas has entered a nationwide injunction, ruling that the Department of Labor’s new overtime rule, which was slated to...more
The wait is over! This morning, the Department of Labor announced its Final Rule, which is aimed at expanding overtime eligibility for millions of American workers. At its core, the final version of the rule doubled the...more