Monday, March 17, 2014

DOL to Revise Rules on Who Is Exempt from Overtime Pay

Take-away: Classifying employees as exempt under the FLSA may be getting more difficult and more expensive.

Can I classify this employee as exempt from the Fair Labor Standards Act (FLSA) overtime pay requirements? It’s a question that most employers have grappled with at some point. In a March 13, 2014, Presidential Memorandum to the Secretary of Labor, President Obama took the first steps towards new regulation which could change an employer’s answer to this question.

Tuesday, March 11, 2014

Employers required to offer retirement plans?

Maryland businesses take note – the Maryland Senate and House are each considering bills which, if passed, would require businesses employing 5 or more employees to offer a qualified retirement plan (read: 401(k) or IRA) or join a state-created pool retirement fund. If the law takes effect, Maryland will be the first state in the nation to impose mandated retirement savings.

Maryland Moves Toward Minimum Wage Increase

The Maryland legislature has moved one step closer towards increasing the state’s minimum wage - an effort which has split the business community, drawing support from some and opposition from others.

Thursday, March 6, 2014

Liar, Liar, (Under)Pants on Fire

Adult store sued after forcing employees to undergo polygraph examination


As recently reported by the Orlando Sentinel an adult store has been sued by a former employee after the store’s owner required all sales staff to submit to a polygraph examination. According to the lawsuit, the store’s president was seeking to resolve the loss of several thousands of dollars of merchandise. In the lawsuit, the former employee alleges that she was terminated as a result of failing the polygraph examination.

Wednesday, March 5, 2014

Confidentiality in Settlement Agreements Not Just Show

As recently reported by CNN the former head of a private school lost an $80,000 discrimination settlement by simply revealing the settlement terms to his daughter. The settlement agreement contained a common confidentiality provision under which the employee and his spouse could only discuss the terms of the agreement with the employee’s attorneys or other professional advisors.