Legislative Developments

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.

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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!

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So last month, I blogged about my discovery that the Maryland Code does not actually contain all the laws that have been passed, which caused me to wonder how we were supposed to comply with them. And now, I just learned that in D.C., some laws that are passed end up not being implemented after all! Wait – what?!
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Governor Hogan announced on May 24, 2019 that he was vetoing HB994, the “Ban the Box” bill, as our partner Liz Torphy-Donzella predicted he would do in our webinar on Maryland’s recently enacted employment laws. This means that, absent a veto override, this bill will not become law. The bill, however, passed with veto-proof majorities in both the House and Senate, so we will likely see a veto override in the next General Assembly session. 
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Debt can alter one’s future trajectory for good or for ill.  The latter is reflected in a recent article in the Wall Street Journal.  Although they are the most educated generation ever in the U.S., Millennials at the tail end of their generation incurred unprecedented debt for college – often six figure debt – then graduated into the Great Recession.  Their employment opportunities were truncated.  As a result, their income potential (and debt repayment capability) has been damaged, seemingly beyond repair. They have collectively put off home buying and starting families, which has ripple effects for the future, from reduced home buying opportunity to delayed or foregone child rearing. 
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On April 23, 2019, a divided U.S. Supreme Court answered a question that had been left open by the Court in 2010: namely, whether an agreement that is ambiguous on the availability of class-wide arbitration could form the basis for an order compelling the arbitration of such claims.  In Lamps Plus, Inc. et al. v. Varelathe Court ruled that such an agreement does not support an order compelling arbitration of class action claims.
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Whether you are looking out your window at the wonder of snow or trying to prognosticate when it will hit, one thing is for sure.  If you are in a state with mandatory sick leave, employees may be invoking their right to no-questions-asked leave when you otherwise prohibit any excuses.  Such “no excuse” policies are common during snow events at businesses that must provide service – hospitals, property management companies, no-stop assembly lines. Think patients to be cared for, sidewalks to be cleared, machines that will seize without humans.
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