This past week, the American Civil Liberties Union announced that it was filing a charge of discrimination with the Equal Employment Opportunity Commission on behalf of a male J. P. Morgan employee because the company denies fathers paid parental leave on the same terms as mothers. Now this is an issue that has been percolating for awhile – and one that is not necessarily on the radar screens of smaller employers, many of whom may offer maternity – but not paternity – leave benefits to their employees. Continue Reading Maternity/Parental Leave Policies – A Trap for the Unwary
So I just heard about this official event, which has apparently existed since 1999! Granted, until 5 years ago, I didn’t have a dog and, in fact, couldn’t stand them, so this would not have been on my radar screen. Some of you may know from past posts (Sick Leave for Your Dog?, Pet Bereavement Leave? and “Paw-ternity” Leave?) that I now adore my dog. Nonetheless, I’m not sure that I fully agree with the idea of bringing pets into a normally pet-free workplace… Continue Reading Take Your Dog to Work Day!
The issue of transgender rights has been the recent focus of much media attention, and Senior Circuit Judge Andre Davis has added an elegant and eloquent contribution to the conversation through his concurring opinion to the U.S. Court of Appeals for the Fourth Circuit’s order vacating the preliminary injunction it had previously issued in the case of G.G. v. Gloucester County School Board.
A transgender high school student, G.G. (Gavin Grimm), sued the Gloucester County School Board and asked for a preliminary injunction to allow him to use the bathroom consistent with his transgender status. The federal district court denied the request for preliminary injunction, but on appeal, the Fourth Circuit disagreed and ordered that the injunction be issued. Continue Reading Judge Davis’ Paean to G.G. and Other Brave Individuals Who Opposed Discrimination
As you may have heard, the Maryland General Assembly has passed a bill that requires employers with 15 or more employees to provide up to 5 days of paid sick leave and smaller employers to provide unpaid sick leave. The bill, known as the Maryland Healthy Working Families Act, now heads to the Governor’s desk. Governor Hogan has promised to veto it and the lawmakers state that they will override the veto. But politics aside, what is the actual status of this bill?
There are a number of possible scenarios regarding this bill, which we will discuss in order of likelihood. Continue Reading Maryland’s General Assembly Just Passed Paid Sick Leave – Now What?
I have been watching, with interest and trepidation, the Baltimore City Council’s proposal to raise the minimum wage in the City to $15/hour by 2022. While I certainly understand the desire to “share the wealth” and to ensure a decent living standard, as several Council members have stated, I am very concerned about the unintended consequences of this well-meaning action – particularly on non-profit organizations. Continue Reading Thoughts on the Fight for Fifteen from a Management Lawyer
As I discussed in a blog last month, the Trump Administration rescinded joint Department of Justice (DOJ) and Department of Education (DOE) guidance (a “Dear Colleague” letter) that had been issued under the Obama Administration on how the agencies interpret Title IX (the non-discrimination law that applies to schools and students) in the context of bathroom use by transgender students. The guidance had stated that transgender students should be allowed to use the gender-specific bathroom consistent with their stated gender identity. The rescission of this guidance occurred just weeks before the Supreme Court of the United States was scheduled to hear oral arguments in the Gloucester County School Board v. G.G. (Gavin Grimm) case this month. Continue Reading Supreme Court Kicks Transgender Case Back – What Does This Mean for Employers?
We are all watching and reading how Uber is responding to yet the latest scandal and legal problem to confront the on-demand ride service giant. About a week ago, a former Uber employee, Susan Fowler, posted a blog about why she left Uber last December. Susan alleges (and these are only allegations at this point) that during her one year at Uber as an engineer, she was subject to harassment and a rampant sexist culture at Uber, and when she complained, Uber did nothing. Continue Reading What Does the Ex-Uber Employee’s Blog Teach Employers about the Power of Social Media?
Yesterday, February 22, 2017, the Trump Administration rescinded Department of Justice (DOJ) and Department of Education (DOE) guidance that had been issued to schools on May 13, 2016 in the form of a “Dear Colleague” letter. The letter stated that it was the DOJ’s and DOE’s interpretation of Title IX (the federal law prohibiting sex discrimination in education) that schools must allow transgender students to use the gender-specific bathroom with which they identify and that schools could not force students to use bathrooms based on their biological sex. The DOJ and DOE stated that schools that did not follow the guidance could risk losing federal funding. Continue Reading Trump Administration Rescinds Transgender Student Guidance – What Does This Mean for Employers?
As an employment litigator, I have repeatedly emphasized to my clients the need to get signed agreements, acknowledgements, and authorizations from employees. From a legal standpoint, these signed documents provide legal certainty (and frequently an absolute defense) to certain employee interactions and claims. For example, if an employee contends that she was unaware of the complaint procedure for a harassment claim, waving her signed acknowledgement form for the handbook that contains that procedure in front of her is a pretty stellar defense (and quite satisfying)! It’s hard for someone to repudiate their own handwritten “John Hancock.” Continue Reading Electronic Signatures v. Handwritten Signatures
This week, the United States Citizenship and Immigration Services (USCIS) published an updated I-9 Form on its website, which can be accessed here.
The Immigration Reform and Control Act prohibits employers from hiring people without first identifying their identity and employment authorization. The I-9 Form is the mechanism to achieve that. Employers are required to complete the I-9 Form within three days of the first day of work for all new hires.
By January 22, 2017, all employers will need to be using the revised form for all new hires. Until then, employers can either continue to use the current version, which is dated 03/08/2013, or they can use the new version. The version date is located at the bottom left corner of the form.