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Labor & Employment Quick Takes

New York City Bans Pre-Employment Marijuana Testing - Effective May 10, 2020, New York City employers will no longer be able to test job applicants for marijuana. Such testing will now be considered a discriminatory...more

Is Your Construction Company Complying with OFCCP Regulations? An Updated Technical Assistance Guide Has Been Issued

The Office of Federal Contract Compliance Program's (OFCCP) mission is to ensure that construction companies conducting business with the federal government are complying with applicable equal employment laws and Executive...more

DOL Releases Final Overtime Rule – Slated to Become Effective January 1, 2020

The U.S. Department of Labor's (DOL) highly anticipated changes to the overtime provisions of the federal Fair Labor Standards Act (FLSA) (Final Overtime Rule) have been released and will take effect on January 1, 2020. The...more

Don't Delay FMLA: DOL Makes Clear that Employers Must Designate Leave

Does this scenario ring a bell? An employee needs time off from work for a health-related problem that appears to trigger the employee's rights under the Family and Medical Leave Act (FMLA). ...more

Baker's Dozen: Best Self-Care Tips

Self-care is not self-indulgence. Self-care is self-respect. In a busy world of work, family, community, charitable, religious, etc. responsibilities, we are pulled in so many directions....more

Universal? You Bet – How the D.C. Universal Paid Leave Act May Impact Your Business

The D.C. Universal Paid Leave Act has incredibly broad reach. All employers that directly or indirectly employ or exercise control over the terms and conditions of employees working in D.C. and that are required to pay...more

Round 2: The Trump DOL Reveals Its Proposed Overtime Rule

The U.S. Department of Labor's (DOL) highly anticipated changes to the overtime provisions of the federal Fair Labor Standards Act (FLSA) were published on Thursday, March 7, 2019 ("proposed Overtime Rule"). ...more

Get Ready to Comply: Employers Must Use New FCRA Model Disclosure Form by September 21, 2018

Under an interim final rule issued on September 12, 2018, the Consumer Financial Protection Bureau (CFBP) has issued a new model disclosure form that employers and background check companies are required to use, effective...more

No, Governor Hogan Did Not Veto Maryland's General Contractor Liability for Unpaid Wages Act

Many of you read with interest our recent article discussing Maryland's new law, the General Contractor Liability for Unpaid Wages Act. As we outlined in the article, that law makes a construction general contractor jointly...more

New Maryland Law Makes Construction GCs Liable for Subcontractors' Wage and Hour Violations

Under Maryland wage laws, if an employer fails to properly pay its employees, it may be liable for up to three times the wages owed to the employee, plus attorneys' fees and costs. Employees may file a lawsuit against their...more

Maryland to Increase Sexual Harassment Protections and Require Settlement Disclosures

The #MeToo movement has not only increased social awareness regarding sexual harassment in the workplace, but it has also spawned new legal requirements for Maryland employers. On May 15, 2018, Governor Hogan signed the...more

Maryland Healthy Working Families Act: The DLLR Updates FAQs, Poster and Issues Model Policies

According to the Maryland Department of Labor, Licensing and Regulation’s (DLLR) website, the Office of Small Business Regulatory Assistance has received more than 2,000 emails from employers and employees with questions...more

Get Ready for Audit? The OFCCP Issues 1,000 Audit Announcement Letters to Federal Contractors

Although the Department of Labor, Office of Federal Contract Compliance Programs (OFCCP) under the Trump Administration may lean toward compliance over enforcement, it is clear that nothing has changed yet regarding the...more

It’s Here! Veto Override Vote Makes Maryland’s Healthy Working Families Act a New Maryland Law

We previously updated you about the status and provisions of the Maryland Health Working Families Act (the “Act”), which would mandate paid sick and safe leave of up to 40 hours. After much angst and a few political...more

New December 15, 2017 OSHA Deadline for Submission of 2016 Work-Related Injuries and Illnesses is Fast Approaching

Employers have until December 1, 2017 to electronically submit injury and illness information from their 2016 Summary of Work-Related Injuries and Illnesses (Form 300A) under OSHA’s 2016 Improve Tracking of Workplace Injuries...more

Employers’ Role in Changing “Me Too” to “Not Us”

The news has been fraught with allegations of sexual harassment by major players in the television and movie production industries, high tech and venture capital firms, and others. High value employees alleged to have engaged...more

EEOC Filed More than 80 Lawsuits this Summer – Why Employers Should Pay Attention

Indeed, the EEOC filed far more than 80 lawsuits during July, August, and September 2017 – the last quarter of its fiscal year. Approximately 50 percent of those lawsuits targeted employers for alleged individual and, more...more

Federal Court Declines to Overturn $780,000 Jury Verdict in Favor of Employer’s Argument that Application for SSDI Trumps the ADA

In Van Rossum v. Baltimore County, Maryland, a jury awarded a community health inspector $250,000 in compensatory damages and $530,000 in back pay after deciding that her employer, Baltimore County, violated the ADA by...more

OSHA Indefinitely Suspends July 1 Electronic Injury and Illness Submission Requirements

As we previously reported, during the last year of President Obama’s Administration, the Occupational Safety and Health Administration (OSHA) published an amendment to its illness/injury recording keeping rule, which would...more

Delaware and Oregon Join the Movement Banning Employers from Making Salary History Inquiries

Delaware and Oregon have joined Massachusetts and other local jurisdictions (like New York City, Philadelphia and Pittsburgh (currently in litigation)) by enacting laws that prohibit employers from inquiring about the salary...more

Will Maryland Employers Be Required to Provide Mandatory Paid Sick Leave?

State and local jurisdictions across the country continue to enact mandatory paid sick leave laws that create administrative and compliance challenges for employers. At least seven states, the District of Columbia and...more

The NLRB is Still in Business – Watch Your Handbooks

While employers wait to see if the Trump Administration will produce a kinder, gentler National Labor Relations Board (NLRB), the NLRB is still in the business of punishing employers for workplace policies that ostensibly...more

The Trend Continues: New York City Passes Salary History Ban

New York City is the third jurisdiction to pass a ban on salary history inquiries, following Massachusetts and Philadelphia. Philadelphia’s law was set to take effect in May 2017, however, the constitutionality of...more

Key Takeaways for Employers from the EEOC's Proposed Enforcement Guidance on Harassment

Thirty years ago, the U.S. Supreme Court held in the landmark case of Meritor Savings Bank v. Vinson that workplace harassment is an actionable form of discrimination prohibited by Title VII of the Civil Rights Act of 1964....more

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