The latest office fodder for me and my colleague, Jason Usher (who formerly worked at the National Labor Relations Board (“Board”)), involves an Administrative Law Judge’s (“ALJ”) decision, Valley Health System LLC, that found that a healthcare employer’s English-only rule violated the National Labor Relations Act (“Act”).

Many employers, especially those in the healthcare

People are increasingly turning to social media to vent their frustrations, and those frustrations frequently involve the workplace. The problem is that managers, who are deemed to speak and act for the company as a matter of law, can cause problems with a social media rant.

This issue is on my mind because it recently

As one of the co-chairs for the Employment Issues Task Force of the Maryland Chamber of Commerce, I see the employment legislation that is proposed during each Maryland General Assembly session. Some of it makes sense (although, frankly, not often), and some of it makes me scream (literally – just ask my partners). For

So my brilliant partner, Liz Torphy-Donzella (who also serves as General Counsel for the Maryland Chamber of Commerce), was a guest on WYPR’s “Midday with Dan Rodricks” show yesterday.  She was invited to provide the management perspective on paid sick leave laws, while Jason Perkins-Cohen of the Job Opportunities Task Force, a Baltimore-area

Our last two blog posts talked about Ebola facts and the legal background that will frame any employer actions taken to address Ebola in the workplace.  This post will offer some practical guidance on what options employers might consider. The bottom line question of interest to employers is what can they do with regard to

This is the second in a three-part series on Ebola in the workplace.  In the last blog posting, I discussed the actual facts about Ebola as set out by the Centers for Disease Control – exposure, symptoms, and self-monitoring.  In this posting, I will discuss the legal framework with regard to developing and implementing Ebola

Media reports of the Ebola outbreak in West Africa, along with the recent infection of two nurses in Dallas, have raised fears of the potential spread of Ebola in the United States, and employers are increasingly concerned about what they should do to address the possibility of Ebola in the workplace.  These concerns are heightened

When an employee comes back from Family and Medical Leave Act leave with a fitness-for-duty (FFD) certification from his health care provider in hand, many employers still require the employee to undergo a separate FFD examination by the employer’s own health care provider or employee health office before allowing the employee to return to work.  

My teenagers thought that the new Maryland law decriminalizing possession of small amounts of marijuana meant that smoking pot was now legal.  I’m sure many people have that misconception.  Sadly for them, and for my kids, that is not correct.

This legislation, which takes effect on October 1, 2014, decriminalizes the possession of less