Legislative Developments

The Maryland General Assembly’s 2024 session ended at midnight on Monday, April 8. A number of employment bills that were passed will have a significant impact on employers, including another delay to the forthcoming paid family and medical leave insurance (FAMLI) program, a new wage range posting mandate, expanded pay stub notice requirements, and additional discrimination protections, including an expansion of the equal pay law. Employers will also face increased penalties for occupational safety and health violations. Additionally, there was a revision to the law restricting the use of non-compete agreements to make it applicable to certain health care providers and veterinarians.Continue Reading New Employment Laws in Maryland – Changes to Paid Family and Medical Leave Insurance, Wage Range Posting Requirements, New Discrimination Protections and More (and a Webinar!)

On January 29, 2024, the Maryland Department of Labor’s (MDOL) issued “draft” regulations to implement Maryland’s paid family and medical leave insurance (FAMLI) law, and invited public comment. Starting January 1, 2026 (caveat below), this law will provide most Maryland employees with 12 weeks of paid family and medical leave, with the possibility of an additional 12 weeks of paid parental leave, as we have previously detailed in our E-lerts from April 12, 2023 and April 12, 2022. We have identified the following items of interest or significance to employers in the regulations.Continue Reading Maryland’s “Draft” FAMLI Regulations – What Do They Say?

The Equal Employment Opportunity Commission just announced a resolution of its investigation into Groupon’s recruitment and hiring practices, with a rather unusual term that specifically benefits Black individuals – an issue of heightened sensitivity as employers have struggled with the employment implications of the Supreme Court’s recent decision banning affirmative action in college admissions. Continue Reading An Interesting Resolution to an EEOC Race Discrimination Investigation…

Following the Federal Trade Commission’s proposed near-total ban on non-compete agreements, which we wrote about here, and an increasing number of state laws limiting or banning such agreements, another federal agency official is piling on. On May 30, 2023, National Labor Relations Board (NLRB) General Counsel Jennifer Abruzzo issued a memo expressing her position that noncompete agreements violate the National Labor Relations Act (NLRA). Specifically, GC Abruzzo asserts that noncompete agreements chill employees’ exercise of rights guaranteed by Section 7 of the NLRA unless the noncompete agreement is “narrowly tailored to address special circumstances” that justify the interference with employees’ Section 7 rights. Absent narrow tailoring to address special circumstances, GC Abruzzo contends that proffering, maintaining, or enforcing noncompete agreements violates the NLRA.Continue Reading The NLRB General Counsel Joins the War on Noncompete Agreements

Throughout the COVID-19 pandemic, the EEOC has provided guidance to employers on how the federal anti-discrimination laws interact with COVID-19. This guidance, What You Should Know About COVID-19 and the ADA, the Rehabilitation Act and Other EEO Laws, was revised multiple times to account for changing circumstances and, now with the declared end of the COVID-19 public health emergency, the EEOC has updated it once more. The revisions remind employers that, although the declared emergency may be over, COVID-19 still has a workplace impact that lingers on.Continue Reading Employers Beware: The End of the COVID-19 Emergency Does Not Mean The End of the EEOC’s COVID-19 Guidance

As I’ve mentioned before, in my spare time (a lot more, now that the kids are out of the house) I sometimes review the Equal Employment Opportunity Commission’s federal sector Digest of EEO Law (which they used to issue quarterly, but now seems to be a little more sporadic). Sometimes, in addition to the recitation of federal sector cases, the EEOC will include an in-depth article on a particular topic of interest. Although these digests (and the articles they contain) are geared towards the federal government, the EEOC’s approach to certain employment issues can also be helpful for private employers. And that’s what we have here, with the EEOC’s article, “Moving Towards Equality in the Workplace for LGBTQI+ Employees.” Continue Reading The EEOC’s “Best Practices” for LGBTQI+ Employment Equity

On February 9, 2023, the U.S. Department of Labor issued guidance on how to comply with the Fair Labor Standards Act (FLSA) and Family and Medical Leave Act (FMLA) as to teleworking employees. Although intended for DOL staff, the Field Assistance Bulletin (FAB) provides employers with insight into the DOL’s position on issues arising under these two laws, including: (1) compensation under the FLSA, (2) protections under the FLSA that provide reasonable break time for nursing employees, and (3) eligibility rules for teleworking employees under the FMLA.

Continue Reading The DOL Issues Guidance on Telework

Well, Super Bowl Sunday is almost here. Unlike March Madness or the World Cup, which extends over weeks, it’s a single event. However, there’s a high level of interest in the game – last year, the NFL estimated that approximately two-thirds (!!!) of the U.S. population watched the Rams defeat the Bengals in Super Bowl LVI. (And those of us on the East Coast stayed up late to do so). So, we can still expect the Super Bowl to have an impact in the workplace. And as we did for March Madness and the World Cup, we offer employers a little guidance on the Super Bowl at work. Continue Reading An Employer’s Guide to the Super Bowl

So, many people, including my son, are rejoicing because the voters in Maryland approved recreational marijuana (which Maryland refers to as “cannabis”) last week. Employers, however, are perhaps not quite so excited – and may be confused about what that  actually means for the workplace. While we don’t yet have all the answers, let’s talk about what we do know.
Continue Reading Recreational Marijuana in Maryland? What Employers Need to Know

As I mentioned in a previous post, I am always curious as to how things turn out. But often as an employment lawyer, I am left in a state of ignorance. I give advice to employers on what to do in tricky situations, but don’t always hear whether my advice was implemented (I certainly hope so!) or what resulted (good things, hopefully!). And often I wonder what happens to the parties in high-profile cases – like Bostock v. Clayton County, one of a trio of cases in which the U.S. Supreme Court ruled that Title VII’s prohibition on “sex discrimination” in employment encompasses sexual orientation and gender identity.
Continue Reading Bostock v. Clayton County: The Epilogue… and What It Means for Employers (for Now)