I often tell my crazy teenagers that it doesn’t matter what you mean to say – it matters what the other person actually hears. (I’m not sure they actually hear me when I say that…) And a recent Family and Medical Leave Act case proves my point and provides a lesson for employers. Curlee v. Lewis Bros. Bakeries Inc. of Tennessee highlights the need for employers to be very careful and very clear in their verbal communications with employees about Family and Medical Leave Act obligations. Continue Reading Be VERY CLEAR In Your Communications About FMLA!

Starting on April 15, 2019, a new Baltimore City Ordinance requires employers in Baltimore City to provide lactation accommodations to breastfeeding employees. Employers must also develop a written lactation accommodations policy Continue Reading Baltimore City Employers Must Provide Lactation Accommodations, Effective April 15, 2019

The 2019 Maryland General Assembly session ended at midnight on Monday, April 8, with the passage of a number of bills of significance to employers, including minimum wage increases, expanded workplace harassment protections, new leave rights for organ donation, new restrictions on criminal background checks, new limitations on non-compete agreements, additional Equal Pay civil penalties, and reporting requirements for gender diversity on boards. As was widely reported in the press, the General Assembly voted to override Governor Hogan’s veto of the minimum wage bill. The remaining bills await further action by Governor Hogan, who could sign them into law, veto them, or allow them to become law without his signature. At this time, we do not anticipate any other vetoes. Assuming that they become law, all but the minimum wage and ban the box bills will take effect on October 1, 2019. For more details about each of these bills and information about our upcoming webinar to provide guidance on compliance, click here. Continue Reading New Employment Laws in Maryland – Minimum Wage, Workplace Harassment and More! (And a Webinar!)

Maryland’s General Assembly session just ended, with the passage of significant new employment legislation, including minimum wage increases, expanded workplace harassment protections, new leave rights, restrictions on criminal background checks, and more. We will be holding a complimentary webinar on Wednesday, May 8, 2019 at 1:00 p.m. Eastern to explain the obligations and requirements of Maryland’s new employment laws, and to provide guidance on compliance. To register, click here.

The Equal Employment Opportunity Commission has stated that it will collect the pay data required by its revised EEO-1 form by September 30, 2019. Given this unexpected development, employers must begin thinking about compliance with this new requirement while awaiting further instructions from the EEOC.

Who Must File an EEO-1 Form? Employers who are required to file an EEO-1 form are (1) those subject to Title VII with 100 or more employees; and (2) federal contractors and first-tier subcontractors subject to Executive Order 11246 with 50 or more employees and a contract, subcontract, or purchase order amounting to $50,000 or more. Continue Reading Employers Must Submit EEO-1 Pay Data By September 30, 2019

An active and activist Department of Labor has issued its third proposed rule in less than a month – this one on joint employer status under the Fair Labor Standards Act. This follows proposed revisions to the overtime rule and to the regular rate rule, which we previously discussed in E-lerts issued on March 8, 2019 and March 28, 2019. Continue Reading The DOL Is On Fire – Proposed Joint Employer Rule Issued

The Fair Labor Standards Act requires employers to pay overtime to non-exempt employees for all hours worked over 40 in a workweek, calculated at one and one-half times their regular rate of pay. The Department of Labor has issued a proposed rule that revises the requirements regarding the regular rate of pay in order to better reflect the modern workplace. Continue Reading DOL Proposes Revisions to Calculation of Regular Rate of Pay

As you may know, I am a die-hard management-side lawyer. I usually cheer judicial opinions that uphold the rights of employers, which I feel are too often constrained by well-meaning but easily-abused employment laws. But every now and then, even my management-side soul can be a little surprised by a judge’s pro-employer ruling. This was the situation in the recent case of Dawson v. Housing Authority of Baltimore City.

Continue Reading Forcing Employee to Quit Second Job Is Not a Tangible Job Action?

March Madness has descended upon employers everywhere. Yesterday was Selection Sunday for the NCAA Men’s Division I basketball tournament, and today, an estimated 40 million Americans will begin filling out their tournament brackets – many of them at work. And when the tournament begins, you can be sure that many employees will be checking scores at the office, if not actually watching the game. Others may call in sick after a late night game (particularly if their team lost). Team gear, talking smack – what to do? Continue Reading An Employer’s Guide to March Madness

According to Pharmajet Blog, a surprising number of pharmacists suffer from trypanophobia – the fear of giving injections, which most in their profession have to do these days during flu season. As Pharmajet notes, the Americans with Disabilities Act generally does not help the needle-phobic pharmacist because companies have a right to define the essential functions of a job.

Continue Reading Pharmacist Afraid of Needles? Be a Stickler About Essential Job Functions!!