Fiona W. Ong

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As Maryland employers are likely aware, the General Assembly passed a paid sick leave bill (HB1) this past session, which was vetoed by Governor Hogan. The Governor has now introduced a new paid leave bill – the Paid Leave Compromise Act of 2018 – that will be filed as emergency legislation when the next legislative session opens on January 10, 2018. The General Assembly’s Democratic leaders have nonetheless stated that they still plan to override the veto, making HB1 the law.
Continue Reading Governor Hogan’s Paid Leave Compromise Bill – What Does It Really Do?

My clients are often frustrated by the anonymous (and, frankly, sometimes untruthful) postings on GlassDoor, which is a website where employers and employees can post information about their companies. Employees are emboldened by the anonymity to vent their feelings about their employer – and may even sometimes take advantage of it by making false or defamatory statements intended to put the employer in a bad light (even though they are not supposed to do so under GlassDoor’s Terms of Use – you know, that overwhelmingly long and technical document that no one ever reads). There’s usually not much that can be done, since the employees’ anonymity is generally understood to be virtually absolute, and it is difficult to get GlassDoor to remove an employee review. But those employees should beware, because that anonymity is not guaranteed, as demonstrated in a recent case.
Continue Reading Employee Warning – GlassDoor Posts May Not Always Be Anonymous

I was recently perusing the latest edition of the Equal Employment Opportunity Commission’s federal sector Digest of Equal Employment Opportunity Law (because, yes, I am that much of an employment law nerd) and came across an interesting article, “Race Discrimination in the 21st Century Workplace,” by EEOC attorney Paula Rene Bruner. The article specifically “attempt[s] to highlight newer types of race discrimination that have emerged in the 21st century federal, public, and private employment sectors.”
Continue Reading EEOC Highlights New Types of Race Discrimination

Many savvy employers know that a neutral reference policy – in which you confirm a former employee’s position, dates of employment and (maybe) salary – is typically the safest choice for avoiding a defamation claim. After all, if you don’t say much (and what you say is not negative), you can’t be sued. Of course, if you choose to say more and what you say (even if unflattering) is true, then you can also avoid liability because truth is an absolute defense to a defamation claim. But what one employer learned, to its dismay, is that you can still be sued, even if what you say is truthful.
Continue Reading Be Careful of What You Say About Your Former Employee…

Following my earlier post about “Take Your Dog to Work Day,” I recently heard about another event taking place on November 10, 2017 – “Bring In Your Parents Day.” My initial reaction was utter disbelief. Have we really come to the point where helicopter parents are officially invited to buzz the workplace? I’ve had a number of clients whose employees’ parents have tried to intervene in work issues on behalf of their offspring (typically of the millenial generation). Unless the employee’s health condition required that someone speak for them, I have advised my clients that they can (gently but firmly) insist that the employee’s parent not be involved in the employment relationship. (And, frankly, if the employee is not embarrassed by having their mommy call their boss, they should be!!!)
Continue Reading Bring In Your Parents Day?

A Texas federal court has struck down the Obama-era Department of Labor (DOL) revised overtime exemption rule, which sought to more than double the salary level required for overtime-exempt workers.

The Current Test for Overtime-Exempt Status: In order to be exempt from overtime, a white-collar employee must meet three tests: (1) the salary basis test – the employee must be paid on a salary basis, not subject to reductions for fluctuations in quantity or quality of work; (2) the salary level test – the employee’s salary must currently be at least $455 per week (equaling $23,660 per year); and (3) a duties test – the employee must perform certain duties specific to the executive, administrative or professional exemption in question. There is also a highly-compensated employee exemption under which an employee must currently make at least $100,000 per year and perform at least one exempt duty.
Continue Reading DOL Overtime Rule Struck Down

I am often surprised (and highly amused) by the excuses offered by employees to justify their misconduct. And by the fact that they’re often willing to litigate over them! A recent example of this can be found in the case of Alamillo v. BNSF Railway Co.

The employee worked an “extra board” schedule, meaning that he would report to work when called, rather than the usual 5-day a week regular schedule. An extra board employee who fails to answer three phone calls within a 15-minute period is marked as having “missed a call.” Under the company’s policy, five missed calls within a 12-month period may result in termination.
Continue Reading Extraordinary Employee Excuses

So, following the violent events and controversy surrounding the white nationalist/supremacist rally in Charlottesville, it was reported by Berkeleyside that an employee was fired from his job because of his participation in the rally. (The story was subsequently updated to state that the employee voluntarily resigned during a conversation with his employer about his involvement at the rally). But the initial story raised questions about whether an employer can take action against an employee for engaging in off-duty activities that an employer may find repugnant – such as participating in a white supremacist rally.
Continue Reading Workplace Lessons From Charlottesville

Last year, Fiona’s sister told her that a herd of goats, complete with a  goat herder, had moved into the park next to her house. They were brought in to clear certain park areas of overgrown vegetation. What a charming, effective, and environmentally-friendly solution! Apparently Western Michigan University had the same thought, because it also brought in goats to clear areas of the campus. But a union has decided to butt in and has filed a grievance against the University, claiming that the goats were performing “union work!” (We can see it now, brave goats crossing a picket line to get to their jobs!)
Continue Reading Animal Subcontracting – Getting the Union’s Goat!

The issue of whether employees can be required to sign arbitration agreements that contain waivers of their right to file a class or collective action over employment-related disputes is one that has drawn much attention – and much conflict – in recent years. The Obama administration, it seemed, steadfastly opposed such waivers. Under the Trump administration, which (regardless of your politics) has had a slow and bumpy transition of federal agency leadership, the agencies do not appear to be operating from the same playbook – as evidenced by recent actions by the National Labor Relations Board, (NLRB), the Department of Justice (DOJ), and the Consumer Financial Protection Board (CFPB).
Continue Reading The Government Seems Confused About Class Action Waivers