On November 15, 2024, the U.S. District Court for the Eastern District of Texas vacated the Department of Labor regulation increasing the salary amount required to qualify an employee for exempt status as an executive, administrative or professional (“EAP”) employee under the Fair Labor Standards Act (the so-called “EAP Exemption”). This means that the salary
Sick Leave for Pets?
Over the years, I’ve mentioned my adorable dog many times in connection with blog posts on employment-related topics like pet bereavement leave, paw-ternity leave (i.e. pet parental leave), and Take Your Dog to Work Day. (And here he is, dressed up for Halloween – as sushi!) In addition, I’ve blogged several times about sick leave for service animals (here and here) – each time noting that there is nothing that requires employers to allow employees to take sick leave for pets. Until now?Continue Reading Sick Leave for Pets?
Maryland DOL Releases Updated FAQs on Paid Family and Medical Leave
As we await the proposed regulations to implement the forthcoming paid family and medical leave insurance (FAMLI) program in Maryland, the state Department of Labor previously issued resources for employers, including FAQs, to assist them in preparing for compliance, as we discussed in our May 2024 E-Update. And now the MDOL has updated and vastly expanded those FAQs to offer additional clarification.Continue Reading Maryland DOL Releases Updated FAQs on Paid Family and Medical Leave
Maryland Department of Labor Issues Highly-Anticipated Guidance on New Wage Transparency and Paystub Notice Obligations
As most employers with Maryland employees (hopefully) know, starting October 1, 2024, they are subject to new wage range posting and paystub notice obligations, as detailed in our April 10, 2024 E-lert on new Maryland employment laws. The Maryland Department of Labor promised to release guidance to help employers in complying with these new obligations, for which employers have been waiting with bated breath. And it is finally here! The MDOL has included this information, along with other information on existing wage laws, on a new Wage and Hour webpage.Continue Reading Maryland Department of Labor Issues Highly-Anticipated Guidance on New Wage Transparency and Paystub Notice Obligations
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!)
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!)
Maryland’s “Draft” FAMLI Regulations – What Do They Say?
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?
An Interesting Resolution to an EEOC Race Discrimination Investigation…
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…
The NLRB General Counsel Joins the War on Noncompete Agreements
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
Employers Beware: The End of the COVID-19 Emergency Does Not Mean The End of the EEOC’s COVID-19 Guidance
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
The EEOC’s “Best Practices” for LGBTQI+ Employment Equity
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