Thursday, July 14, 2022

DC Employers Take Note of the District’s New Law on Off-Duty Marijuana Use

 By Jessica Summers

In 2015, DC legalized possession of small amounts of marijuana.  But unlike many jurisdictions which have legalized marijuana or other cannabis products, DC law was silent about whether employers could discipline employees for lawful off-duty use of the substances – until this summer.  In June, D.C. Council passed the Cannabis Employment Protections Amendment Act of 2022 which prohibits employers from refusing to hire, terminating or disciplining employees for using cannabis, being a medical cannabis program patient or having a drug test detect cannabis in their system. 

Wednesday, July 13, 2022

What You Need to Know About Maryland’s New Family Leave Law

By Jessica Summers

This year, Maryland joined the growing number of states and localities that have implemented paid family leave programs.  The Maryland Time to Care Act of 2022 will establish a state fund to provide paid leave benefits for employees who need to take time away from work for certain specified reasons.  The new Maryland program follows a similar structure to the DC paid family leave program that went into effect in 2020.

Understandably, employers and employees have many questions about the new law.  The Maryland Department of Labor (MD DOL) is expected to issue its first round of regulations on the new law next summer.  While there are still a number of unanswered questions to be resolved and details to be hammered out, here’s what we do know about how the new law will work: 

Wednesday, July 6, 2022

Tip Credit Ending in DC?

 By Scott A.Mirsky

    The elimination of the tip credit is back on the ballot for DC residents in November.  Initiative 82, if passed, would eliminate the tip credit over a five-year period and require DC employers to pay all employees the non-tipped minimum wage by July 1, 2027, as follows:

Monday, March 21, 2022

Are Employee Arbitration Agreements On Their Way Out?

By Jessica Summers

Over the last month, there have been a few significant developments that employers should be aware of when it comes to the use and enforceability of arbitration agreements.  As summarized below, for the time being, employee or contractor arbitration agreements are still enforceable in most contexts.  However, further changes may be on the horizon.

Friday, January 14, 2022

The Supreme Court Struck OSHA’s Vaccine Rule - Now What?

By Jessica Summers 

The tumultuous tale of OSHA’s Emergency Temporary Standard (ETS) on COVID-19 appears to have come to an end.  On Thursday (January 13, 2022), the Supreme Court reinstated a nationwide injunction preventing the ETS from going into effect – for all intents and purposes killing the rule.  As discussed in our prior blogs, the ETS would have required employers with 100 or more employees to establish and implement certain COVID safety protocols and require that all employees be vaccinated or submit to weekly testing.  So, what now?

Thursday, December 30, 2021

What is the Status of OSHA’s Vaccine Rules?

By Jessica Summers

For employers with 100 or more employees, the saga and uncertainty behind OSHA’s Emergency Temporary Standard (ETS) on COVID-19 continues.  As detailed below, while there is still a chance that the Supreme Court will strike down the ETS, covered employers should be actively preparing to comply with the ETS by the new January 10 and February 9 deadlines to avoid being caught in a last minute scramble. 

Here’s a breakdown of what has occurred so far: 

Thursday, November 18, 2021

What Now With OSHA’s Vaccine Rules? Your Questions Answered

By Jessica Summers

The news has been abuzz with stories about the wave of legal challenges to OSHA’s recently released Emergency Temporary Standard (ETS) on COVID-19.  The ETS’ first set of requirements were slated to go into effect on December 5, but now it is unclear where things will stand on that date.  This has understandably left many employers confused and questioning what actions they should be taking at this time.

So let’s try to break things down and get some clarity–