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GINA and the FMLA: How to Avoid a Sticky Wicket

The Genetic Information Nondiscrimination Act (GINA), 42 U.S.C. § 2000ff, was enacted in 2008 to prevent discrimination on the basis of genetic information in employment and health insurance.  Title I of the Act focuses on issues in health insurance, and is administered by several federal Departments, while Title II prohibits employers from using genetic information […]

The Availability of the Mixed-Motive Theory in FMLA Retaliation Cases

Mixed-motive theory was legislated into Title VII with the 1991 Civil Rights Act.  The theory provides that an employee may prevail in a case in which she demonstrates that illegal considerations were “a motivating factor” in the adverse employment decision, even where the employer would have made the same decision absent the illegal considerations. There […]

Department Of Labor Issues Guidance On Reducing Pay For Furloughs

As employers try to navigate the economic downturn, companies are increasingly turning to temporary furloughs to save labor costs.  When furloughing employees, employers require staff to use accrued leave or take unpaid time off.  However, if not done properly, this practice could result in employers converting otherwise exempt employees into non-exempt staff who become entitled […]

Maryland General Assembly Clarifies Flexible Leave Act

On October 1, 2008, Maryland’s Flexible Leave Act (“MFLA”) went into effect.  The law, which applies to employers with 15 or more employees, requires businesses that provide employees with any form of paid leave to permit employees to use such leave for the illness of an immediate family member. The original version of the MFLA […]

President Obama Signs Ledbetter Fair Pay Act

On January 29, 2009, President Obama signed the Lily Ledbetter Fair Pay Act.  The legislation, which is the first law signed by the new President, amends federal civil rights laws to provide that a claim of discriminatory compensation must be filed within no more than 300 days of the date on which the employee receives […]

Maryland’s Flexible Leave Act Set To Take Effect October 1st

On October 1, 2008, Maryland’s recently enacted “Flexible Leave Act” goes into effect.  The law, which applies to employers with 15 or more employees, requires businesses that provide employees with any form of paid leave to permit employees to use such leave for the illness of an immediate family member. The new law will likely […]

Top 10 Things to Think About from a Defense Perspective With a Private Cause of Action under Article 49B

Some members of the plaintiff’s bar characterize the creation of a private cause of action under Article 49B as a “leveling of the playing field” after years of fighting for respect in the federal courts.  Not surprisingly, I suspect, I have a different take.  “Employer friendly” decisions from the federal courts often come about because […]