Friday, December 13, 2013

Three members of our Employment Group were selected to the 2014 Maryland Super Lawyers & Rising Stars

We are thrilled that three members of our Employment Group were selected to the 2014 Maryland Super Lawyers & Rising Stars lists. Hope Eastman has been listed in Maryland Super Lawyers since 2007 for Employee Litigation: Defense. Jim Hammerschmidt was included on the 2014 Maryland Super Lawyers list for Employment & Labor, and Ethan Don was selected as a 2014 Maryland Rising Star for General Litigation. Only 5% of attorneys in the state were selected as Maryland Super Lawyers, and only 2.5% of attorneys in the state were included on the Maryland Rising Stars list.

Thursday, December 12, 2013

Worker Misclassification Bill Re-Introduced in U.S. Senate

Congress is once again taking aim at addressing the misclassification of independent contractors. On November 12, Senator Bob Casey (D-PA) introduced the Payroll Fraud and Prevention Act (PFPA) of 2013 (S. 1687). The bill is essentially identical to one bearing the same name that was introduced in 2011, but on which no action was taken. The reintroduction of this bill should serve as a reminder to employers to review worker classifications for current employees and contractors and to carefully consider classifications and hiring policies for new hires.

Friday, December 6, 2013

Significant Court Win for Employers

Companies can require employees to arbitrate employment disputes individually and prohibit them from pursuing class action lawsuits.

Key practice point 1. Employers can now require employees to resolve employment-related disputes individually, waiving any right to pursue class action or collective action claims through arbitration or in court. Employers who use mandatory arbitration agreements with their employees should be sure that they contain clear prohibitions on employees pursuing class and collective claims. The Fifth Circuit Court of Appeals has overturned a controversial National Labor Relations Board (NLRB) ruling that such provisions violate the National Labor Relations Act (NLRA). D.R. Horton, Inc. v. National Labor Relations Board.