Laws & Regulations

Subscribe to Laws & Regulations via RSS

On January 30, 2020, the Maryland General Assembly voted to override Governor Hogan’s veto of the “Ban the Box” bill that was passed in the last legislative session, just as we predicted in our veto E-lert. The law will prohibit employers in Maryland from inquiring about an applicant’s criminal history until later in the application process. It takes effect on February 29, 2020, and Maryland employers should prepare now to comply with the new requirements.
Continue Reading Maryland’s General Assembly Overrides “Ban the Box” Veto – What’s Next for Employers

Pronouns – those articles of speech referring to the person other than by name – have become complicated. My law firm writes a lot (articles for L&E publications, monthly electronic E-Updates, E-Lerts to report actionable “new stuff” and, of course, this blog). In the “old days” we used the pronoun “he” as the universal. Then, in defiance of the “patriarchy” the term he/she or (s)he was substituted. We came to recognize that the language we use impacts attitudes about “who belongs.” 
Continue Reading Pronouns and Coworkers and Misgendering (Oh My!)

It is a truth universally acknowledged that an employee unable to perform the essential functions of his/her job must be in want of a transfer. And it is also quite clear under the Americans with Disabilities Act that the employer must consider a transfer or reassignment to a vacant position as a reasonable accommodation. What is less clear is whether the employee automatically gets the position (i.e. an arranged marriage) or whether the employer can require the employee to compete for the position (see, e.g. “The Bachelor”).
Continue Reading A Marriage of Convenience? EEOC Continues To Push Non-Competitive Transfer as Reasonable Accommodation

The Department of Labor has issued its Final Rule explaining when separate companies will be deemed joint employers of a single employee under the Fair Labor Standards Act. In so doing, the DOL has made findings of joint employer status to be less likely, including in franchise situations.
Continue Reading DOL Issues Final Joint Employer Rule, Making Such Findings Less Likely

The National Labor Relations Board issued on December 17 two decisions that are sure to put employers in the holiday spirit. In a long-awaited decision, the Board overturned Purple Communications and held that employers have the right to control the use of their e-mail and IT systems to restrict employee union and protected concerted activity. In a second decision, the Board determined that an employer work rule requiring confidentiality during an employer investigation is lawful to maintain.
Continue Reading The NLRB Provides Two More Gifts – Employers May Restrict Nonbusiness Use of E-Mail, Require Confidentiality During Investigations

This is a new entry in our occasional series on extremely bad behavior by employees. I am constantly amazed by the lack of awareness and judgment exhibited by employees in the workplace. I was baffled when I read Hennessey v. Dollar Bank, FSB, a case in which a Caucasian employee at Dollar Bank was terminated when, over the Martin Luther King, Jr. holiday weekend, he hung a brown monkey from the ceiling of a workspace utilized by African American employees.
Continue Reading Extraordinary Employee Misconduct: Monkeying Around in the Workplace!

Several years ago, I blogged about Emeryville, California’s paid sick leave ordinance, which  is the only sick leave law that allows employees to take leave specifically to care for a sick service animal. As I noted then, “[t]he concept makes sense – employees can take sick leave because they (or their family member) is temporarily incapacitated because of the illness of the [service animal]. (Not because the dog is a family member!).” I also wondered whether other jurisdictions would adopt similar provisions. But now, I’m not sure they have to.
Continue Reading Sick Leave for Service Animals?

Most human resources folks know that, under the Family and Medical Leave Act, eligible employees can take leave to care for a child with a serious health condition, and that the FMLA defines “child” as being under the age of 18. But what some perhaps don’t realize is the  FMLA has an additional definition of “child”: one over 18 years who  is “incapable of self-care because of a mental or physical disability.” And even if they’re aware of that definition, they may not understand that the disability can be quite temporary in nature. A recent case, Gibson v. New York State Office of Mental Health, clearly makes this point.
Continue Reading FMLA to Care for Adult Child?

My interest is piqued by laws with unusual twists, like the Emeryville, California ordinance that permits the use of sick leave to care for a family member’s service animal (about which I blogged previously). Here’s another one – Pittsburgh recently passed a pregnancy accommodations ordinance that extends protections to the partners of pregnant employees!
Continue Reading Pregnancy Protections for Partners?

In its latest edition of the Digest of EEO Law, the Equal Employment Opportunity Commission included an article entitled, “Religious Accommodation in the Workplace: An Overview of the Law and Recent Commission Decisions.” Although the article summarizes federal sector decisions, it provides guidance to private employers on the EEOC’s overall position on religious accommodations – and (just in time for Halloween) the conclusions are a little scary!
Continue Reading What Does the EEOC Think About Religious Accommodations? It’s Spooky!