The Maryland Healthy Working Families Act — which establishes mandatory sick leave in Maryland — takes effect on February 11, 2018. Although the act had been vetoed by Governor Hogan in 2017, the Maryland Senate and House of Delegates successfully voted to override the veto earlier this year.
NLRB Reverses Rulings on Joint Employer Standard and Workplace Policies
In two separate decisions last week, the National Labor Relations Board (NLRB) reversed recent rulings regarding the joint employer standard and workplace policies.
The Price of High Profile Investigations
With the recent wave of allegations concerning employment-related conduct, there may be in uptick of employers engaging outside firms to conduct internal investigations. While these can be kept in-house, high profile cases and social media often results in the publication of these reports to the public. Consider the NFL’s investigation of the Miami Dolphins known as “bullygate.”
Pitfalls of Facebook Friendship
Friendship has taken on new meaning in the age of social media. Old acquaintances, former classmates, co-workers, professional contacts, public figures, family, and close companions may all be similarly situated as a “friend” on social media, regardless of the level of personal interaction with each. Social media users therefore often apply more liberal standard when accepting new network friends than they would in their personal lives. Professionals, however, may need to be more cautious.
Break Time is Over
Today’s employees demand flexibility. In turn, many employers are moving towards a “results orientation” business model and getting away from the standard 9-5 schedule. In other words, the employer cares less about when employees get the work done, and only cares that the work gets done effectively. Employment laws are only beginning to catch up to this shift in work hours. Take for example the recent decision where the Third Circuit confirmed that the FLSA requires employers to compensate employees for breaks of 20 minutes or less where the employer allowed employees the flexibility to log off their computers at any time they wished.
Employees Called In “Last Minute” Soon to Be Guaranteed Pay in New York
Many employers in the retail and service industries frequently need to call in employees at the last minute based upon an unexpected surge of consumers visiting the business. However, it is also common practice for employers in these industries to shorten “call-in” shifts just hours before or after an employee starts — and, in many cases, to cancel them. The New York State Department of Labor has proposed new regulations that will require employers to pay employees who are called in or whose schedules are not set in advance, referring to this guarantee as “call in pay,” “on call scheduling,” or “just in time” pay.
OSHA Further Delays Deadline Regarding Crane Operator Certification to 2018
On November 9, 2017, OSHA published a Final Rule further extending by one year the employer duty to ensure the competency of crane operators involved in construction work. Previously, this duty was scheduled to terminate on November 10, 2017, but is now extended to November 10, 2018. OSHA is also further extending the deadline for crane operator certification for one year to November 10, 2018.
Congress Considering Federal Cyber Breach Laws
Huge cybersecurity breaches at major retailers caught the attention of the public and have made headlines. Now, more recent breach at one of the major credit reporting agencies has the attention of Congress. 48 states and the District of Columbia already have some form of legislation governing security breaches. These statutes typically begin by laying out who is subject to the requirements, such as businesses and information brokers, and what information is considered protected “personal information.” The laws then outline what constitutes a breach, the requirements for providing notice, and exemptions to the law. What’s next, Congress?
Performance Evaluations: A Lesson on Documentation
Cases turn on the evidence. In the case of an employment discrimination or retaliation claim, the key may lie in the employee file maintained by the employer. One common piece of documentation created and maintained by many employers is performance evaluations. In Walker v. Verizon, a federal district court in Pennsylvania ruled on a case illustrating how important documentation can be in defending these claims.
Bad Back? You’re Fired.
Employers rely upon employees to get the job done. Usually, the “job” requires the employee’s physical presence at work. But injuries and medical conditions throw a wrench in the works. Most employers are at least generally aware of the implications of various federal and state laws governing treatment of employees with medical conditions and injuries. Yet, there is plenty of gray area where employers may be subject to liability. Take for example the recent decision in Severson v. Heartland Woodcraft, Inc. where the Seventh Circuit decided whether an employer could terminate an employee who requested a multi-month leave of absence from employment.
Recusal: Use it or Lose it
Attorneys and their clients must make strategic decisions during litigation whether to take certain actions that are available to them. Should you move for dismissal or answer the complaint? Should you seek more specific answers to written discovery, or just save your questions for a deposition? These are common questions that do not necessarily have a “right” answer.
NYC Legislation Prohibiting Employer Inquiry Into Applicant’s Salary History Will Go Into Effect Later This Month
Earlier this year, Mayor de Blasio signed a bill prohibiting all New York City employers from inquiring about an applicant’s salary history. The bill is set to go into effect on October 31, 2017, and employers should be prepared to implement new hiring policies, procedures, and documents by that time.
Minimizing OSHA Liability : More Than an Ounce of Prevention
OSHA penalties can be costly. In fact, a single “repeat” or “willful” violation can result in a penalty of $126,749. And, if you have multiple violations, that number can increase significantly. This article addresses measures any employer can implement to minimize the risk of costly penalties while—at the same time—promote the most important goal which is to provide a safe work environment for employees.
Lactation = Medical Condition under Federal Law
There are several federal laws with protections for pregnant employees and those employees experiencing complications from birth. Depending on the circumstances, FMLA, ADA and/or the Pregnancy Discrimination Act (“PDA”) may be triggered. In Hicks v. Tuscaloosa, the Eleventh Circuit ruled on a case involving an employee’s post-pregnancy lactation and need to nurse her newborn.
U.S. Department of Education Issues New Interim Guidance on Title IX, With New Regulations for Handling Sexual Misconduct Expected to Follow
On September 22, 2017, the United States Department of Education issued new interim guidance applicable to colleges, universities, and school districts pertaining to Title IX and the process for handling allegations of sexual misconduct. This follows United States Secretary of Education Betsy DeVos’ earlier indication that the Department of Education would be rescinding the Obama-era Title IX guidance in favor of developing new regulations on the subject after accepting comments from the public. The new interim document, in the form of a “Q&A on Campus Sexual Misconduct,” takes effect immediately, but does not affect any existing resolution agreements between schools and the Office for Civil Rights (OCR).