Thursday, November 21, 2019

Employee Eligibility for FMLA Benefits Includes Time Worked for an Employer Through Staffing Agency

By: Scott A. Mirsky, Principal

SUMMARY: An employee’s eligibility for FMLA benefits requires that he/she works for an employer for at least 12 months and provides over 1250 hours of service to the employer during the preceding 12 months. According to a recent press release from the U.S. Department of Labor, the Wage & Hour Division determined that an employer in Louisiana violated the FMLA when it failed to recognize that it was a “joint employer” during the time that an employee worked for the employer through a staffing agency. Based upon this error, the employer wrongfully concluded that the employee had not met the 12-month eligibility requirement of the FMLA and denied the employee’s request for FMLA leave.


Friday, November 15, 2019

Starting in 2020, All Wages to Tipped Workers in D.C. Must Go Through Payroll Vendors

By: Hayes Edwards, Associate

SUMMARY: Along with saving the “tip credit” from repeal by voters, the 2018 DC Tipped Wage Workers bill imposed some new rules on companies, including one taking effect on January 1, 2020 that mandates all wages paid to tipped workers be processed by third-party payroll processors.

Tuesday, October 29, 2019

D.C. Council Proposes a Ban on Non-Compete Provisions for Both Low-Wage and Mid-Level Workers

By: Scott A. Mirsky, Principal

SUMMARY:  A D.C. Council bill proposed earlier this month, if passed, would make non-compete provisions unenforceable against employees earning less than or equal to three times the D.C. minimum wage, currently $14 per hour. Thus, an employee would have to earn in excess of $42 per hour before the employee could be subjected to a non-compete provision.

Tuesday, October 22, 2019

Maryland’s New Organ and Bone Marrow Donation Leave – Have You Updated Your Policies to Comply?

By: Jessica B. Summers, Principal

Take Away: Effective October 1, 2019, employers with 15 or more employees in Maryland must provide eligible employees with unpaid leave to serve as organ or bone marrow donors. Leave provided under the new law is separate from, and cannot run concurrently with, any leave that the employee might also be entitled to under the federal Family Medical Leave Act (FMLA). 

Wednesday, September 25, 2019

DOL Finalizes New Overtime Rules

By: Jessica Summers, Principal

Take Away: The DOL has issued new rules that, effective January 1, 2020, will substantially increase the minimum salary that employers must pay employees for them to qualify for the white collar and the highly compensated exemptions to the federal overtime pay requirements. While these new rules may require some employers to make adjustments – the increases are significantly smaller than those that were enacted, but never went into effect, under the Obama Administration. The new rules also do not make any changes to the duties tests associated with the exemptions.

Thursday, September 12, 2019

Employers Must Comply with the FMLA When Evaluating Time-Off Requests to Attend School IEP Meetings

By: Scott A. Mirsky, Principal

SUMMARY: An employee’s request to attend a school meeting to discuss a child’s Individualized Education Program (“IEP”) must be evaluated under the lens of the Family and Medical Leave Act (“FMLA”). If the child has a serious medical condition, then the employer must provide FMLA leave so that an employee can attend their child’s IEP meeting.


Friday, August 16, 2019

New Laws Reflect Rising Tide of Anti-Discriminatory Policy

By: Hayes Edwards, Associate

SUMMARY: Laws passed over the summer in New York and California prohibit employers from enforcing dress codes that restrict traditional African-American hairstyles, and New York has expanded the scope of potential discrimination claims by lowering the standard for severity of mistreatment and eliminating important defenses for employers.