Maryland General Assembly Passes Several New Workplace Bills

Kollman & Saucier
Kollman & Saucier
04/18/2019
I recently wrote about Organ Donation Leave (HB1284/SB705), a bill likely to make job-protected organ donation leave a benefit to which Maryland employees are entitled.  Other bills that expand protections for employees were approved during the 2019 General Assembly session, and if they become law as anticipated, will have a significant impact on businesses.  Here’s a look at the highlights: Workplace Harassment (HB679/SB782). The legislation...
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Maryland General Assembly Approves Organ Donation Leave Legislation

Kollman & Saucier
Kollman & Saucier
04/16/2019
The Maryland General Assembly has approved legislation (HB1284/SB0705) that entitles eligible employees to unpaid job-protected leave for organ and bone marrow donation.  While expected to be approved, this legislation is not yet finalized and has not officially passed into law. Under the new legislation, Maryland employers with at least 15 employees would be required to provide eligible employees up to 60 business days in any 12-month period to...
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Could New York City’s New Bill Hurt Unions?

Kollman & Saucier
Kollman & Saucier
04/04/2019
In March, New York City Councilman Brian Lander introduced a bill that could change the union gameplan in one of the world’s biggest cities.  The bill Lander proposed would put an end to at-will employment in the fast food industry in NYC and require that all terminations be only for just cause.  The bill defines "just cause" for termination as an “employee’s failure to satisfactorily perform job duties or misconduct that is demonstrably and...
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“Forced” Arbitration Under Fire

Darrell VanDeusen
Darrell VanDeusen
03/18/2019
Alternative Dispute Resolution (ADR) in the employment arena has been a hot topic for a couple of decades now.  ADR, of course, comes in a variety of flavors – mediation and arbitration are a couple of them.  But essentially, the ADR concept is to find ways other than a lawsuit in court to resolve claims more quickly and with less expense.  That, at least conceptually, is a good thing, since court fights can take many years to work their way...
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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

Kollman & Saucier
Kollman & Saucier
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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