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
This is a brief update to the court machinations in the DOL’s appeal of the Texas Court’s decision to issue a preliminary injunction barring the implementation of the Final Overtime Rule. That appeal is now before the Court...more
Employers in New York must scramble to assess the impact of the new substantial salary level increases that take effect on December 31, 2016. Below is a summary of the new salary levels for exempt administrative and executive...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
Employers looking for a break were just given one by a Texas federal court right before the Thanksgiving holiday. A federal court in the Eastern District of Texas unexpectedly granted a preliminary nationwide injunction...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
Maryland joins California, Connecticut, Illinois, and Oregon in leading state initiatives to set up state-sponsored retirement plans for employees. The Maryland Small Business Retirement Savings Program and Trust (“the...more
6/28/2016
/ Covered Employees ,
Covered Employer ,
Department of Labor (DOL) ,
Employee Benefits ,
Exemptions ,
Fiduciary Duty ,
Incentives ,
Individual Retirement Account (IRA) ,
Private Sector ,
Retirement ,
Retirement Plan ,
Safe Harbors ,
State-Sponsored Retirement Plans
Proposals for equal-pay legislation that purport to address the core causes of wage disparities, including secrecy surrounding wages, and deter employers from paying unequal wages are on the rise across the country. Maryland...more
In This Presentation:
•How Did We Get Here?
•The Overtime Rule: Four Changes You Must Know
•Misunderstandings About the Final Rule
•Opposition to the Final Rule
•Seven Steps Employers Should Take Now
...more
6/2/2016
/ Congressional Review Act ,
Department of Labor (DOL) ,
Exempt-Employees ,
Fair Labor Standards Act (FLSA) ,
Final Rules ,
Minimum Salary ,
Misclassification ,
Non-Exempt Employees ,
Over-Time ,
Unpaid Overtime ,
Wage and Hour ,
White-Collar Exemptions
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
As a follow up to our recent article, Time to Check Your Leave Practices: EEOC Issues Resource Document on Employer-Provided Leave Under the Americans with Disabilities Act, the EEOC has scored an $8.6 million dollar...more
Maryland joins the growing list of states (23 states in the past two years) that have enacted laws giving preference in hiring to honorably discharged veterans. Private employers have been hesitant to favor veterans because...more
In light of an increase in charges filed with the EEOC in which employees claim that their employers are unlawfully denying or restricting the use of leave as a reasonable accommodation, which is a "troubling trend" according...more
5/10/2016
/ Americans with Disabilities Act (ADA) ,
Corporate Counsel ,
Disability Leave ,
Equal Access ,
Equal Employment Opportunity Commission (EEOC) ,
Family and Medical Leave Act (FMLA) ,
Interactive Process ,
New Guidance ,
Paid Leave ,
Reasonable Accommodation ,
Undue Hardship
Last year, the U.S. Department of Labor (DOL) proposed rules to increase the salary level for employees exempt from overtime under the Fair Labor Standards Act (FLSA). The proposed rules sought to increase the salary level...more
5/3/2016
/ Classification ,
Department of Labor (DOL) ,
Employer Liability Issues ,
Exempt-Employees ,
Fair Labor Standards Act (FLSA) ,
Minimum Salary ,
OMB ,
Standard Duties Test ,
Unpaid Overtime ,
Wage and Hour ,
White-Collar Exemptions