Author: Kollman, Saucier, & Jackson

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 in employment decision-making and is administered by the Equal Employment...

Over the past year, the “card check” legislation ironically known as the Employee Free Choice Act (“EFCA”) has garnered a lot of attention.  With large Democratic majorities in both chambers of Congress and a liberal Democrat in the White House, it seemed only a matter of time until organized labor received a payoff for its nearly $10 million dollar investment in President Obama and EFCA became law. Now, as EFCA languishes in the Senate...

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 to overtime under the Fair Labor Standards Act and its state law...

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 left many questions unanswered. For example, neither "illness" nor "immediate family member" was defined in the law....

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 a paycheck or other benefit check (such as a pension check) affected by a discriminatory decision.  The law reverses the Supreme...

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 require most Maryland employers to revise their leave policies.  Employees must be given the option of using any type of...