Thursday, January 18, 2018

Are Your Leave Policies Creating Unintended Tax Issues? Part I: Leave Donation

By: Jessica B. Summers, Associate

SUMMARY: When it comes to leave policies, most employers are focused on complying with federal, state and local leave laws and creating a competitive benefits structure. Often this includes policies on leave donation. However, employers commonly overlook the tax issues that can cause headaches for them and their employees.

Wednesday, January 17, 2018

Tax Bill Creates New Employer Credit for Paid FMLA Leave

By: Jessica B. Summers, Associate

SUMMARY: Amidst the many new provisions in the tax bill that President Trump signed into law on December 22, 2017, is a credit for employers who pay employees leave they take under the federal Family and Medical Leave Act (FMLA). This limited credit will only be available if certain conditions are met and (at this point) only for the 2018 and 2019 tax years.

Thursday, December 14, 2017

NLRB Loosens Standard of Review for Employee Handbook Policies

By Jack Blum, Maryland Employment Attorney

In major decision, the NLRB increases the weight placed on business justifications for workplace rules and approves of workplace civility policies.


Monday, November 13, 2017

As Use of Service Dogs—and “Fake” Service Dogs—Rises, Employers Faced With New Questions

By: Jeffrey A. Hord, Principal

Over the past few years, the D.C. area—along with the rest of the country—has seen a dramatic rise in the presence and use of service animals, therapy animals, and emotional-support animals for all manner of medical conditions.

Thursday, October 26, 2017

The NLRB Targets Independent Contractor Misclassification

By: Jack Blum, Associate

Written with assistance from Daniel Bosworth, law clerk.

After the Department of Labor withdrew its Obama-era guidance taking a restrictive view of the situations in which workers can legitimately qualify as independent contractors, as opposed to employees, many speculated that the Trump administration would be giving up its predecessor’s campaign against contractor misclassification and that further developments would be driven by state and local government agencies and private plaintiffs. In the last few weeks, however, the National Labor Relations Board (NLRB) has entered the fray over worker misclassification with a recent enforcement action asserting that misclassifying employees as independent contractors is a standalone unfair labor practice under the theory that misclassification interferes with rights under the National Labor Relations Act (NLRA) (which applies only to employees, not contractors) by asserting that the workers in question do not have NLRA rights at all because they are not employees. The development of a new front in the battle over misclassification at the NLRB should be closely monitored by employers.

Wednesday, August 30, 2017

Administration Halts New EEO-1 Pay Data Requirements

By: Jessica B. Summers, Associate

Summary: The Office of Management and Budget (OMB) has stayed the Equal Employment Opportunity Commission’s (EEOC) new pay data reporting requirements pending OMB’s review. This means that the prior version of the EEO-1, that employers are familiar with from last year’s filing, will remain in effect for the 2017 filing year.

Wednesday, August 23, 2017

EFFECTIVE SEP. 18 – Employers Must Use New I-9 Form

By: Jessica B. Summers, Associate

SUMMARY: Effective September 18, 2017, employers must start using the new version of the Form I-9.