Thursday, January 25, 2018

Maryland’s New Sick and Safe Leave Law Goes Into Effect February 11

By: Jessica B. SummersAssociate

Summary: On February 11, 2018, Maryland will become the ninth state to require employers to provide employees with sick leave. Except in the cases of very small employers, this sick leave must be paid. This will be a big change for many businesses and all Maryland employers are well advised to consider the new law and their existing policies and procedures to ensure that they are in compliance by February 11.

Friday, January 19, 2018

Are Your Leave Policies Creating Unintended Tax Issues? Part II: Leave Cash Out

By: Jessica B. Summers, Associate

SUMMARY: When structuring their benefits, employers often include policies on the cash-out of accrued but unused leave. However, employers tend to be unaware of the tax implications, and headaches, that can be generated by their leave cash-out policies.

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.