Two Important Wage-Related Updates

This has been an action-packed week on the wage and hour frontier.  Two important decisions at the federal level are expected to significantly impact most employers going forward. Revised Overtime Rule First, on Thursday evening, the Department of Labor (DOL) announced its long-awaited proposed rule to update the salary exemption threshold under the Fair Labor Standards Act (FLSA) from its 2004 levels.  All employees who are paid a salary falling...
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Age and Wage Issues Among Many Resolved On Election Day

As votes in yesterday’s elections continue to be tallied, there were several developments of interest to employers and to labor and employment practitioners alike. Age: The ADEA Applies To Public Sector Employers Of All Sizes First, yesterday morning, the Supreme Court announced its first decision of the 2018-19 term.  In a unanimous (8-0) ruling, the Court held in Mount Lemmon Fire District v. Guido that the Age Discrimination in Employment Act...
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D.C. Creates New Training And Reporting Obligations For Employers With Tipped Employees

Kollman & Saucier
Kollman & Saucier
11/02/2018
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 passing the Tipped Wage Workers Fairness Amendment Act of 2018 (the "Act").  Most directly, the...
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New Maryland Employment Laws That Took Effect October 1

Randi Klein Hyatt
Randi Klein Hyatt
10/03/2018
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 knowledge of or control over the subcontractors’ pay practices.  The general...
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New York City Introduces Disconnecting From Work Law

Kollman & Saucier
Kollman & Saucier
04/16/2018
Disconnecting from work may be à la mode.  And no, I do not mean topped with ice cream.  Rather, it appears that laws restricting or prohibiting employers from requiring employees to check work e-mails after work hours could be catching. Last year, a law in France granting employees a “right to disconnect” from work went into effect.  The law requires covered employers (companies with more than 50 employees) to ensure that their...
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Maryland General Assembly Considering Bills Aimed At Workplace Sexual Harassment

Maryland’s House and Senate have passed competing versions of legislation that would ban employment agreement that limit rights to sue for future claims of sexual harassment. Senate Bill 1010 -- the "Disclosing Sexual Harassment in the Workplace Act of 2018" -- would make void any provision in an employment contract, policy, or agreement that waives any substantive or procedural right or remedy to a future claim of sexual harassment or...
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U.S. House Votes To Amend ADA's Public Accommodations Requirements

This past Thursday, the House of Representatives passed (by a vote of 225 to 192) the “ADA Education and Reform Act of 2017.”  The bill is designed predominantly to alter the procedures that must be followed concerning alleged violations of the Americans with Disabilities Act (ADA) by public accommodations such as restaurants, hotels, movie theaters, and shopping malls. Since 1990, the ADA has barred public accommodations from depriving any...
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Maryland’s Healthy Working Families Act To Become Law February 11th

On January 12, 2018, the Maryland General Assembly voted to override Governor Larry Hogan’s veto of the Healthy Working Families Act (House Bill 1 in 2017’s General Assembly).  As a result of the legislature’s action, the Healthy Working Families Act (the “Act”) will go into effect on February 11, 2018.  In preparation, Maryland employers should begin reviewing and, if necessary, updating (or creating) their paid leave policies in order...
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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 to replace the killed bill when the General Assembly reconvenes in January 2018.  We now have that...
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House Passes Legislation Narrowing Joint Employer Doctrine

Randi Klein Hyatt
Randi Klein Hyatt
11/21/2017
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 the problem. While the NLRB decision that expanded this doctrine to its current state is still...
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