What Maryland’s Legalization of Recreational Marijuana Means for Employers

By Jessica Summers 

On November 8, 2022, Marylanders decisively voted to legalize recreational marijuana for adults 21 and over.  The law, which will go into effect on July 1, 2023, will allow for the use and possession of up to 1.5 ounces of marijuana in Maryland.

Got Employees in DC? Don’t Overlook the Requirements of D.C.’s New Non-Compete Law

By Jessica Summers 

For more than two years now, DC has been in the process of rolling out one of the Nation’s strictest non-compete laws. 
After significant postponements and amendments, the law, in its latest amended form, went into effect on October 1, 2022.  

So what do DC employers need to know going forward?

Federal Court Affirms Employer Liability for Acts of Non-Employees

By Hayes Edwards

Written with assistance from Zachary Aman, Law Clerk

Employers are well aware that discrimination and harassment against employees is unlawful, but a recent ruling by the Fourth Circuit Court of Appeals (which covers Maryland, Virginia, North Carolina, South Carolina, and West Virginia) serves as an important reminder that, in certain circumstances,  employer liability can extend to misconduct by third parties (other than co-workers). 

Four Things Every Restaurant Owner Should Know About Wage & Hour Collective and Class Actions

By Scott Mirsky

While the thought of being sued by a single worker for unpaid wages is enough to give most restaurant owner’s heartburn, the implications of being sued by a large group or class of workers can be a real life nightmare. Wage and hour collective and class action lawsuits against restaurants are a prime target for plaintiffs’ attorneys.   

Below is a Q&A regarding class and collective actions, with several preventive steps a restaurant or restaurant chain can take to greatly reduce its legal exposure.

Maryland’s Expanded Move-Over Law Serves an Important Reminder to Have Clear Policies for Employees Who Drive for Business

By Jessica Summers 

On October 1, 2022, Maryland’s expansion to the state’s “Move Over” law went into effect. Maryland’s law previously required that motorists move over to the next lane when emergency vehicles are stopped on the side of the highway.  This term, the General Assembly expanded the law so that drivers are now required to move over for any vehicles with their hazard lights on, or where road flares, traffic cones, or other caution signals out. 

DC Employers Take Note of the District’s New Law on Off-Duty Marijuana Use

 By Jessica Summers

In 2015, DC legalized possession of small amounts of marijuana.  But unlike many jurisdictions which have legalized marijuana or other cannabis products, DC law was silent about whether employers could discipline employees for lawful off-duty use of the substances – until this summer.  In June, D.C. Council passed the Cannabis Employment Protections Amendment Act of 2022 which prohibits employers from refusing to hire, terminating or disciplining employees for using cannabis, being a medical cannabis program patient or having a drug test detect cannabis in their system. 

What You Need to Know About Maryland’s New Family Leave Law

By Jessica Summers

This year, Maryland joined the growing number of states and localities that have implemented paid family leave programs.  The Maryland Time to Care Act of 2022 will establish a state fund to provide paid leave benefits for employees who need to take time away from work for certain specified reasons.  The new Maryland program follows a similar structure to the DC paid family leave program that went into effect in 2020.

Understandably, employers and employees have many questions about the new law.  The Maryland Department of Labor (MD DOL) is expected to issue its first round of regulations on the new law next summer.  While there are still a number of unanswered questions to be resolved and details to be hammered out, here’s what we do know about how the new law will work: 

Tip Credit Ending in DC?

 By Scott A.Mirsky

    The elimination of the tip credit is back on the ballot for DC residents in November.  Initiative 82, if passed, would eliminate the tip credit over a five-year period and require DC employers to pay all employees the non-tipped minimum wage by July 1, 2027, as follows:

Are Employee Arbitration Agreements On Their Way Out?

By Jessica Summers

Over the last month, there have been a few significant developments that employers should be aware of when it comes to the use and enforceability of arbitration agreements.  As summarized below, for the time being, employee or contractor arbitration agreements are still enforceable in most contexts.  However, further changes may be on the horizon.

The Supreme Court Struck OSHA’s Vaccine Rule - Now What?

By Jessica Summers 

The tumultuous tale of OSHA’s Emergency Temporary Standard (ETS) on COVID-19 appears to have come to an end.  On Thursday (January 13, 2022), the Supreme Court reinstated a nationwide injunction preventing the ETS from going into effect – for all intents and purposes killing the rule.  As discussed in our prior blogs, the ETS would have required employers with 100 or more employees to establish and implement certain COVID safety protocols and require that all employees be vaccinated or submit to weekly testing.  So, what now?