Status Update on the New Overtime Rules

By Jessica B. Summers, Maryland Employment Law Attorney

Summary:  Earlier this week, the Department of Labor (DOL) issued a Request for Information (RFI) seeking comments regarding the rules that establish which employees can be exempt from the Fair Labor Standards Act (FLSA) minimum wage and overtime pay requirements.  This request, combined with the DOL’s latest position in the key case challenging the version of the overtime rules that were finalized by the DOL last May, strongly suggest that the new overtime rules will never go into effect but that other changes to the preexisting rules may be forthcoming.

Employers Can Be Liable for Failure to Reasonably Accommodate Employee’s Medicinal Marijuana Usage

By Jack Blum, Maryland Employment Attorney

            In the 21 years since California became the first American state to legalize medicinal marijuana usage, there has been a sea change in societal attitudes towards the drug.  Fast forward to 2017, and the vast majority of states have now legalized medicinal marijuana with several states and the District of Columbia going even further to legalize recreational marijuana use in the absence of a prescription or medical need.  A recent case from the highest court of Massachusetts suggests that the courts may be catching up in the area of employment discrimination to these societal developments, and could carry major implications for employers in Maryland and the District of Columbia.

Should Viral Tweet of CEO’s Response to Employee’s Mental Health Day Prompt Reevaluation of Your Company’s PTO Policy?

By Jeffrey Hord, Maryland Employment Attorney

The concept of a “mental health day” is often overlooked when employers craft their vacation and leave policies.  However, a recent tweet by a San Francisco-based web developer has sparked a national discussion about mental health and the appropriate way for employers to handle these situations.