By: Jeffrey Hord, Associate
On June 7, 2017, the Fourth Circuit Court of Appeals held that, so long as an employer honestly believed its employee had made a false report of harassment, its decision to fire that employee cannot constitute unlawful retaliation...even if the employee’s report ultimately turned out to be truthful.
Friday, June 9, 2017
Friday, May 5, 2017
What Ever Happened to the New Overtime Rules?
By: Jessica B. Summers, Associate
The new overtime rules that were set to go into effect last December are still in limbo as the court order enjoining the rules remains in effect and the Trump Administration’s Department of Labor has not yet decided how it will handle the issue.
Wednesday, May 3, 2017
As Congress Considers Changes to the Comp Time Rules – Is Your Business in Compliance Today?
By: Jessica B. Summers, Associate
Summary: The U.S. House of Representative will vote this week on a bill that would legalize the use of compensatory (comp) time by private employers. While it is unclear whether the bill will have sufficient support to pass the Senate, the renewed discussion on this issue is a good reminder for private employers that, for now, providing comp time to non-exempt employees in lieu of overtime is generally prohibited under the Fair Labor Standards Act (FLSA).
Summary: The U.S. House of Representative will vote this week on a bill that would legalize the use of compensatory (comp) time by private employers. While it is unclear whether the bill will have sufficient support to pass the Senate, the renewed discussion on this issue is a good reminder for private employers that, for now, providing comp time to non-exempt employees in lieu of overtime is generally prohibited under the Fair Labor Standards Act (FLSA).
Sunday, April 30, 2017
Supreme Court Roundup: 2016-2017
by Hope Eastman, Principal
As the Court enters the final stretch of its 2016-2017 term, here is a look at key employment-related cases that have been, or are waiting to be, decided by the Court.
As the Court enters the final stretch of its 2016-2017 term, here is a look at key employment-related cases that have been, or are waiting to be, decided by the Court.
Friday, April 7, 2017
District Court Decides Contract’s Forum-Selection Clause Applies to Non-Party’s Individual Claims
by: Jeffrey Hord, Associate
Many contracts (of all kinds) contain “forum-selection clauses,” or provisions in which the parties to the contract stipulate that any lawsuit arising from the contract shall be litigated in a particular court or jurisdiction. These clauses are often very helpful to companies that do business all across the country, or whose employees are scattered across many states, as the company can typically avoid the risk of facing an unfamiliar judge and the added expense associated with learning the laws of an unfamiliar jurisdiction. While a forum-selection clause can generally be enforced only against the parties who signed the agreement in question, the U.S. District Court for the District of Maryland issued an opinion this week illustrating why that’s not always the case.
Many contracts (of all kinds) contain “forum-selection clauses,” or provisions in which the parties to the contract stipulate that any lawsuit arising from the contract shall be litigated in a particular court or jurisdiction. These clauses are often very helpful to companies that do business all across the country, or whose employees are scattered across many states, as the company can typically avoid the risk of facing an unfamiliar judge and the added expense associated with learning the laws of an unfamiliar jurisdiction. While a forum-selection clause can generally be enforced only against the parties who signed the agreement in question, the U.S. District Court for the District of Maryland issued an opinion this week illustrating why that’s not always the case.
Thursday, April 6, 2017
The New Administration Strikes a Death Blow to the Fair Pay and Safe Workplace Rule
By: Jessica B. Summers, Associate
SUMMARY: On March 27, 2017, President Trump signed a Congressional resolution that permanently eliminates the Obama Administration’s Fair Pay and Safe Workplaces regulations (also known as the “blacklisting rule”) and prevents the agencies from issuing any similar rule in the future.
SUMMARY: On March 27, 2017, President Trump signed a Congressional resolution that permanently eliminates the Obama Administration’s Fair Pay and Safe Workplaces regulations (also known as the “blacklisting rule”) and prevents the agencies from issuing any similar rule in the future.
Friday, March 31, 2017
Recent Cases Leave Status of Title VII Protection for Sexual Orientation Murky
by Jack Blum, Associate
Summary: The extent of Title VII protection against discrimination based on an employee’s sexual orientation remains a gray area after two recent federal appellate cases, and employers should be aware of state laws offering greater protection.
Summary: The extent of Title VII protection against discrimination based on an employee’s sexual orientation remains a gray area after two recent federal appellate cases, and employers should be aware of state laws offering greater protection.
Wednesday, March 8, 2017
D.C. Circuit Confirms that Employees Cannot Sue for OSHA Retaliation
by Jack Blum, Associate
Summary: D.C. Circuit confirms that OSHA does not permit employees to sue their employers for retailiation; instead, employes are limited to filing complaints with the Department of Labor.
Summary: D.C. Circuit confirms that OSHA does not permit employees to sue their employers for retailiation; instead, employes are limited to filing complaints with the Department of Labor.
Tuesday, March 7, 2017
Government Contractors Need to Update Their Pay Transparency Statements
By: Jessica B. Summers, Associate
SUMMARY: The OFCCP recently modified the pay transparency statement that government contractors need to include in their handbooks and post for employees and applicants. The original pay transparency statement requirement went into effect on January 11, 2016, but the OFCCP has now modified the notice that employers need to use to comply.
SUMMARY: The OFCCP recently modified the pay transparency statement that government contractors need to include in their handbooks and post for employees and applicants. The original pay transparency statement requirement went into effect on January 11, 2016, but the OFCCP has now modified the notice that employers need to use to comply.
Friday, February 24, 2017
D.C. Council Considers Overhaul of Recently-Enacted Paid Leave Law
By Jack Blum, Associate
Summary: Days after D.C.’s groundbreaking paid leave act becomes law, the D.C. Council begins considering changes to its paid leave regime.
Summary: Days after D.C.’s groundbreaking paid leave act becomes law, the D.C. Council begins considering changes to its paid leave regime.
Tuesday, February 14, 2017
What Lies Ahead? The EEOC and the New Administration
By: Hope Eastman, Principal
Summary: Anticipating the Trump administration’s plans for the EEOC, possible changes in policies, programs, litigation priorities and strategies, and guidance on workplace discrimination and harassment.
Summary: Anticipating the Trump administration’s plans for the EEOC, possible changes in policies, programs, litigation priorities and strategies, and guidance on workplace discrimination and harassment.
Thursday, January 19, 2017
Montgomery County Council Votes for $15 Minimum Wage
By: Jessica B. Summers, Associate
SUMMARY: The Montgomery County Council has passed a bill that would increase the minimum wage in the County over the next few years and ultimately raise the minimum wage to $15 per hour for all businesses by 2022. It remains unclear, however, whether the County Executive will sign the bill into law. At this time, there is nothing for Montgomery County employers to do but wait and see.
SUMMARY: The Montgomery County Council has passed a bill that would increase the minimum wage in the County over the next few years and ultimately raise the minimum wage to $15 per hour for all businesses by 2022. It remains unclear, however, whether the County Executive will sign the bill into law. At this time, there is nothing for Montgomery County employers to do but wait and see.
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