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.
Thursday, November 21, 2019
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.
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.
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).
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).
Wednesday, September 25, 2019
DOL Finalizes New Overtime Rules
By: Jessica Summers, Principal
Take Away: The DOL has issued new rules that, effective January 1, 2020, will substantially increase the minimum salary that employers must pay employees for them to qualify for the white collar and the highly compensated exemptions to the federal overtime pay requirements. While these new rules may require some employers to make adjustments – the increases are significantly smaller than those that were enacted, but never went into effect, under the Obama Administration. The new rules also do not make any changes to the duties tests associated with the exemptions.
Take Away: The DOL has issued new rules that, effective January 1, 2020, will substantially increase the minimum salary that employers must pay employees for them to qualify for the white collar and the highly compensated exemptions to the federal overtime pay requirements. While these new rules may require some employers to make adjustments – the increases are significantly smaller than those that were enacted, but never went into effect, under the Obama Administration. The new rules also do not make any changes to the duties tests associated with the exemptions.
Thursday, September 12, 2019
Employers Must Comply with the FMLA When Evaluating Time-Off Requests to Attend School IEP Meetings
By: Scott A. Mirsky, Principal
SUMMARY: An employee’s request to attend a school meeting to discuss a child’s Individualized Education Program (“IEP”) must be evaluated under the lens of the Family and Medical Leave Act (“FMLA”). If the child has a serious medical condition, then the employer must provide FMLA leave so that an employee can attend their child’s IEP meeting.
SUMMARY: An employee’s request to attend a school meeting to discuss a child’s Individualized Education Program (“IEP”) must be evaluated under the lens of the Family and Medical Leave Act (“FMLA”). If the child has a serious medical condition, then the employer must provide FMLA leave so that an employee can attend their child’s IEP meeting.
Friday, August 16, 2019
New Laws Reflect Rising Tide of Anti-Discriminatory Policy
By: Hayes Edwards, Associate
SUMMARY: Laws passed over the summer in New York and California prohibit employers from enforcing dress codes that restrict traditional African-American hairstyles, and New York has expanded the scope of potential discrimination claims by lowering the standard for severity of mistreatment and eliminating important defenses for employers.
SUMMARY: Laws passed over the summer in New York and California prohibit employers from enforcing dress codes that restrict traditional African-American hairstyles, and New York has expanded the scope of potential discrimination claims by lowering the standard for severity of mistreatment and eliminating important defenses for employers.
Thursday, August 8, 2019
Back to School: DC Employers Must Provide Leave for School-Related Events
By Scott Mirsky, Principal
Summary: The start of the school year is right around the corner. Employers will start receiving employee requests to take time off to attend school-related events. In DC, an employer must provide parental leave to allow parents to attend school-related activities. We have prepared a Q&A to help employers address this issue.
Summary: The start of the school year is right around the corner. Employers will start receiving employee requests to take time off to attend school-related events. In DC, an employer must provide parental leave to allow parents to attend school-related activities. We have prepared a Q&A to help employers address this issue.
Monday, July 15, 2019
Employment Policies: Communication and Consistency are Essential
By: Scott A. Mirsky, Principal
SUMMARY: In a recent case decided by the U.S. District Court for the District of Maryland, an employer was unsuccessful in its attempt to have an employment discrimination case dismissed where evidence existed that the employer failed to inform an employee of its policy on minimum work hours and also inconsistently punished employees who violated this policy.
SUMMARY: In a recent case decided by the U.S. District Court for the District of Maryland, an employer was unsuccessful in its attempt to have an employment discrimination case dismissed where evidence existed that the employer failed to inform an employee of its policy on minimum work hours and also inconsistently punished employees who violated this policy.
Tuesday, June 18, 2019
Employers Need to Articulate Clear and Reasonably Specific Grounds for Employment-Related Decisions
By: Scott A. Mirsky, Principal
SUMMARY:
In a recent case decided by the US Court of Appeals for the District of Columbia, when the employer’s admissible evidence was limited to a vague reason explaining why it did not promote an employee, the appeals court ruled that the employer failed to meet its burden of proffering a legitimate and nondiscriminatory explanation for its decision. In Figueroa v. Pompeo, the court explained that it is the employer’s burden to produce evidence of a clear and reasonably specific explanation for its employment-related decisions so that the employee has a full and fair opportunity to present evidence to rebut the employer’s explanation.
SUMMARY:
In a recent case decided by the US Court of Appeals for the District of Columbia, when the employer’s admissible evidence was limited to a vague reason explaining why it did not promote an employee, the appeals court ruled that the employer failed to meet its burden of proffering a legitimate and nondiscriminatory explanation for its decision. In Figueroa v. Pompeo, the court explained that it is the employer’s burden to produce evidence of a clear and reasonably specific explanation for its employment-related decisions so that the employee has a full and fair opportunity to present evidence to rebut the employer’s explanation.
Thursday, June 6, 2019
Supreme Court Rules Employers Can Unwittingly Waive Requirement to Bring EEOC Charge Before Suit
By: Hayes Edwards, Associate
SUMMARY: Although employees remain obligated to bring their Title VII discrimination allegations to EEOC, or an equivalent office in the State government, before suing their employer, the failure to do so can only be asserted as a defense to the lawsuit if the employer raises it in the initial answer.
SUMMARY: Although employees remain obligated to bring their Title VII discrimination allegations to EEOC, or an equivalent office in the State government, before suing their employer, the failure to do so can only be asserted as a defense to the lawsuit if the employer raises it in the initial answer.
Tuesday, May 14, 2019
Summer Interns, Paid or Unpaid?
By Scott Mirsky, Principal
SUMMARY: Employers must be cautious when evaluating their obligation to pay summer interns. If the employer can satisfy the “primary beneficiary test” then the intern can work without pay. However, if the intern is performing job duties unrelated to the intern’s formal education program and the work performed by the intern displaces other workers, then the intern should be paid as an employee.
SUMMARY: Employers must be cautious when evaluating their obligation to pay summer interns. If the employer can satisfy the “primary beneficiary test” then the intern can work without pay. However, if the intern is performing job duties unrelated to the intern’s formal education program and the work performed by the intern displaces other workers, then the intern should be paid as an employee.
Monday, May 13, 2019
Md. Legislative Roundup: Expanded Anti-Discrimination Law and Other Developments Affecting Employers
By: Hayes Edwards, Associate
The General Assembly ended its 2019 legislative session in April, sending several pieces of legislation to the Governor’s desk that will impact Maryland employers. Although Gov. Larry Hogan is thought to be opposed to these bills, the GA appears capable of overriding his veto, as it recently did with the Minimum Wage bill. This new legislation is summarized below, with their likely effective dates.
The General Assembly ended its 2019 legislative session in April, sending several pieces of legislation to the Governor’s desk that will impact Maryland employers. Although Gov. Larry Hogan is thought to be opposed to these bills, the GA appears capable of overriding his veto, as it recently did with the Minimum Wage bill. This new legislation is summarized below, with their likely effective dates.
Tuesday, April 16, 2019
DC Employers Must Comply with New Paid Leave Tax
By: Scott A. Mirsky, Principal
SUMMARY: Employers in DC are now faced with another payroll tax. Beginning with wages paid on or after April 1, 2019, employers will be assessed an additional payroll tax of .62 percent. Collection of this tax will begin on July 1, 2019. This tax will fund paid family and medical leave benefits beginning on July 1, 2020.
SUMMARY: Employers in DC are now faced with another payroll tax. Beginning with wages paid on or after April 1, 2019, employers will be assessed an additional payroll tax of .62 percent. Collection of this tax will begin on July 1, 2019. This tax will fund paid family and medical leave benefits beginning on July 1, 2020.
Friday, April 5, 2019
$15 Minimum Wage Coming to Maryland
By Hayes Edwards, Associate
The “Fight for Fifteen” has landed a knock-out blow in Maryland. On March 28, 2019, the Maryland General Assembly overrode Gov. Larry Hogan’s veto of a bill that will increase the state’s minimum wage to $15.00 by January 1, 2025. As listed below, the minimum wage will climb gradually each year for companies of all sizes.
The “Fight for Fifteen” has landed a knock-out blow in Maryland. On March 28, 2019, the Maryland General Assembly overrode Gov. Larry Hogan’s veto of a bill that will increase the state’s minimum wage to $15.00 by January 1, 2025. As listed below, the minimum wage will climb gradually each year for companies of all sizes.
Tuesday, March 12, 2019
DOL Takes Another Crack at Modifying the Overtime Rules
By Scott Mirsky, Principal
Summary: The DOL has proposed new rules that would substantially increase the minimum salary that employees must be paid to qualify for the white collar and highly compensated exemptions to the FMLA overtime requirements. The increase to the white collar salary threshold would be markedly lower than that which the Obama Administration attempted to implement and, as with the Obama-era regulations, the duties tests associated with the exemptions will not be impacted.
Summary: The DOL has proposed new rules that would substantially increase the minimum salary that employees must be paid to qualify for the white collar and highly compensated exemptions to the FMLA overtime requirements. The increase to the white collar salary threshold would be markedly lower than that which the Obama Administration attempted to implement and, as with the Obama-era regulations, the duties tests associated with the exemptions will not be impacted.
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