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D.C. Creates New Training And Reporting Obligations For Employers With Tipped Employees

You may recall that earlier this year, voters in the District of Columbia passed an initiative (Initiative 77) that would have increased the minimum wage for tipped employees (who predominantly work in the restaurant, hotel, and retail service industries) incrementally up to $15.00 an hour by 2025. Recently, however, the D.C. Council changed course by […]

Parties Seek Supreme Court Guidance on Transgender Identity Discrimination

Earlier this year, R.G. & G.R. Harris Funeral Homes, Inc. appealed the Sixth Circuit’s decision against it that found that “sex” discrimination under Title VII encompasses “gender identity” discrimination.  The case was brought by Aimee Stephens, a transgender former funeral home director, whom the funeral home terminated a few weeks after she announced that she […]

Marijuana Law Does Not Compel Employer To Waive Its Drug-Testing Policy

Last year, I blogged about Maryland’s medical marijuana law and its potential implications on drug-free workplaces and drug testing policies.  Although Maryland courts (still) have not addressed the questions in the employment law context, courts in other jurisdictions with medical marijuana statutes have issued rulings that could provide insight on some of the issues.  Recently, […]

Maryland Employee Terminated For Failure To Follow Company Policy Can Proceed On Wrongful Discharge Claim

Most employers are well-versed in statutory laws which prohibit termination of an employee for reasons such as a discrimination or retaliation.  But its lesser known that some states like Maryland have a catch-all cause of action for situations where an employee claims her termination violates public policy, but no statute provides a remedy.  Under those […]

Jury Decides That Mercedes Benz Did Not Deliver The Best To A Former Employee With Cancer

A Mercedes Benz dealership in Seattle violated the Americans With Disabilities Amendments Act of 2008 (ADAAA) and Washington state disability law when it denied its finance director the chance to return to work after his surgery for vocal chord cancer.  The federal jury awarded the employee nearly $5 million. Troy Coachman worked for Seattle Auto […]

NLRB’s Office of General Counsel Issues More Advice Memoranda

On September 14, 2018, the NLRB’s Office of General Counsel (OGC) issued a handful of advice memos, several of which are summarized here: The misclassification of employees as independent contractors violates the NLRA because misclassification has and will operate as a restraint on, and interference with, the individuals’ exercise of their Section 7 rights.   Telemundo […]

New Maryland Employment Laws That Took Effect October 1

On October 1, 2018, several new employment  laws take effect in Maryland.  A previous blog post addressed new general contractor liability for its subcontractors’ failure to pay the subcontractors’ own employees. Under the new law, subcontractors’ employees can sue not only the subcontractor for wage claims, but also the general contractor, who likely has no […]

Former Pepsi Employee’s ADEA Claim Fizzles Out

To prevail on a claim of discriminatory termination under the Age Discrimination in Employment Act (ADEA), an employee must show that he was meeting job expectations.  Moreover, even if an employee can establish a prima facie case, an employer can prevail by showing that the personnel decision was made for a legitimate, non-discriminatory reason.  In […]

Understanding Telework as a Reasonable Accommodation

Handling employee requests to telework can be tricky, especially when the request is accompanied by a doctor’s note recommending the employee work at home all or most of the time. But just providing a doctor’s note does not entitle an employee to work at home.  An employer needs enough information to understand whether teleworking is a […]