Tuesday, March 10, 2020

What Employers in Montgomery County Need to Know About Mandatory Paid Leave if Schools Close Due to COVID-19


By Scott Mirsky, Principal

Summary: Montgomery County’s Earned Sick and Safe Leave Act covers closures of schools and child care centers. If schools are closed due to the spread of COVID-19, then employers must allow employees to use their earned sick and safe leave.

Tuesday, March 3, 2020

How to Handle an Employee’s Return from Overseas Travel & Other Risks in the Face of Coronavirus

By: Scott Mirsky and James Hammerschmidt

SUMMARY: Discussions and concerns over the Coronavirus have started to ripple through the employment arena and employers are left figuring out how best to handle the impact of the virus. Employers need to navigate this novel issue and ensure that they are balancing the safety of their workers without violating employment laws. We have developed the following Q&A to educate employers about the Coronavirus and to provide guidance on making certain employment decisions.

Tuesday, January 7, 2020

Alert! New Poster Requirement for D.C. Employers


By Scott Mirsky, Principal

SUMMARY: All DC employers are required to provide their employees with notice of paid family leave benefits. The required notice was recently released by the DC Office of Employment Services and must be posted no later than February 1, 2020. In addition, the notice must be provided to all new hires and to all employees at least once a year moving forward. 

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).