Laws & Regulations

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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?

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…

Last week, the Equal Employment Opportunity Commission (EEOC) announced it was offering a training program on respectful workplaces as an alternative to traditional harassment prevention training. This training was developed following the issuance of the Report of the Co-Chairs of the EEOC’s Select Task Force on the Study of Harassment in the Workplace, The press release included a quote from EEOC Acting Chair and Co-Chair of the Select Task Force Victoria Lipnic that stated, “These trainings incorporate the report’s recommendations on compliance, workplace civility, and bystander intervention training. I believe the trainings can have a real impact on workplace culture, and I hope employers make use of them.”
Continue Reading The EEOC’s Civility Training Program – Watch Out For That NLRB Charge!

It’s Ravens-Steelers week. All talk should be on whether T-Sizzle sacks Big Ben, can Flacco start getting the ball to his wideouts, and will the Ravens regroup following their disastrous showing in London?  However, unless you are living under a rock with no Twitter account, you know what the talk is—will the Steelers stay in the tunnel again during the National Anthem (they say no), will players kneel or express their political views in any other manner, will fans start burning player jerseys in front of the stadium? This is no idle question, due to an online petition to remove the Ray Lewis statue outside the stadium after he knelt during the anthem at the last game, the Maryland Stadium Authority has placed extra security around the statue of the Ravens legend.
Continue Reading Fired for Kneeling During the Anthem? Maybe Not So Fast…

Leaf raker, babysitter, waitress, retail salesperson, lawyer. I have had many jobs. Each has had value. Often, the pay and benefits did not match the value. When the value of the job exceeded the remuneration, I looked to find the next job.
Continue Reading The Value of Labor Goes Beyond Wages

The consensus amongst employers in the recent past has been that, because federal law categorizes marijuana as an illegal substance, employers could take adverse action against individuals who tested positive for marijuana (refusing to hire, disciplining or terminating). In that same vein, because marijuana was illegal under federal law, the thought was that an employer had no obligation to provide accommodations to workplace policies, such as drug testing policies, to individuals who tested positive because of medical marijuana use.  (Except in Nevada, because it is the only U.S. jurisdiction whose statute requires accommodations for medical marijuana users).  However, a recent case, Barbuto v. Advantage Sales & Mktg., LLC, has seemingly caused the traditional line of thinking to go up in smoke.
Continue Reading Do Employers Have to Provide Accommodations for Medical Marijuana Use?

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