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Governor Hogan Offers “The Paid Leave Compromise Act of 2018” – Now What?

Six months ago, we reported that the alleged veto-proof Healthy Working Families Act (HWFA) was vetoed by Governor Hogan.  At that time, Governor Hogan called the bill “deeply flawed” and “job-killing.”  He then created a task force to study paid sick leave plans and submit a report so that his administration could submit emergency legislation […]

Sexual Harassment, Holiday Parties, Handbooks, and other End-of-Year Musings

I do not think a day has passed since Harvey Weinstein’s ouster that we don’t learn about a new public figure-newscaster-actor-politician-other notable name who has been accused of sexual harassment (or similar behavior) and lost his job.  Today, I woke to news of Matt Lauer’s termination from NBC.  A few moments ago I received an […]

House Passes Legislation Narrowing Joint Employer Doctrine

One of the most pressing issues for employers and contractors is the joint employer doctrine.  This doctrine allows the NLRB and other agencies to consider one business the employer of another business’ employee if it had indirect or potential control over the second business’ employees.  What is indirect or potential control, you ask?  Therein lies […]

Two Employment Related Measures Under Consideration By Congress

At least two employment-related bills have been introduced in Congress in recent days.  The first, H.R. 4219, dubbed the Workflex in the 21st Century Act, would amend the Employee Retirement Income Security Act of 1974 to include an option for qualified flexible workplace arrangements.  Under the legislation in its current form, employers would voluntarily offer […]

Mark of the Beast

How does an employer comply with a statutory requirement that an employee says conflicts with a sincerely held religious belief?  This issue has come up when an employee is fired after refusing to produce a social security number for religious reasons.  Courts considering religious discrimination claims in this context have uniformly held that Title VII […]

Sexual Harassment: A Few Words of Advice in the Wake of Weinstein, Spacey, and the Media Frenzy

Over the past few weeks, we have seen, heard and read alot about allegations of sexual harassment against Harvey Weinstein, Kevin Spacey, Mark Halperin, and a number of other high-profile media  and entertainment personalities.  In most of these cases, the allegations involve claims of non-consensual sexual contact, sometimes even rising to the level of rape.  […]

Court Orders Arbitration in FMLA Termination Case

The question of whether and when an employer can compel an employee who is suing it to arbitrate her case rather than proceed in court depends upon the terms of the agreement between the parties.  In Mason v. Athletic & Therapeutic Inst. of Naperville, 2017 U.S. Dist. LEXIS 173046 (S.D. Ind. Oct. 19, 2017), a […]