Two Employment Related Measures Under Consideration By Congress

At least two employment-related bills have been introduced in Congress in recent days.  The first, H.R. 4219, dubbed the Workflex in the 21st Century Act, would amend the Employee Retirement Income Security Act of 1974 to include an option for qualified flexible workplace arrangements.  Under the legislation in its current form, employers would voluntarily offer employees at least a guaranteed minimum level of paid leave.  The amount of leave...
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The Trump Administration’s Triple Play

Kollman & Saucier
Kollman & Saucier
10/10/2017
October is ordinarily marked by shorter days, cooler weather, vibrant foliage, and the start of the MLB postseason.  Indeed, as the games began last week, the Trump administration made a triple play of its own sort with a series of major labor and employment law-related actions. Restoring a Stricter Joint Employer Standard On October 4, a House committee advanced the Save Local Business Act in order to constrict the definition of joint...
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Maryland Sick Leave Bill Has Died, For Now

Randi Klein Hyatt
Randi Klein Hyatt
06/02/2017
We reported two months ago here that Maryland's General Assembly had passed veto-proof sick leave legislation, the Healthy Working Families Act, which would have guaranteed sick leave to most employees working in Maryland. Governor Hogan, however, vetoed that bill calling the bill "deeply flawed" and "job-killing."  That done, Governor Hogan made clear he favors a viable compromise with the General Assembly before January 2018, when the legislation...
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Private Sector Comp Time Bill Passes the House

Darrell VanDeusen
Darrell VanDeusen
05/05/2017
Comp-time is a common practice in the public sector and has been regularly used by public sector employees since the FLSA was amended in 1985.   It is available in the private sector too, but the requirements in place for an employer to do it right make it nearly impossible to use.  Which is why private sector employers who want to follow the law don’t often try to use it. An effort is taking place in Congress to amend the FLSA.  The Working...
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Maryland General Assembly Passes Veto-Proof Sick Leave Legislation

The Maryland General Assembly this week passed the Healthy Working Families Act, which all but guarantees that come 2018, employees in Maryland will be entitled to sick leave. The bill was passed with veto-proof margins in both the Senate (29-18) and the House of Delegates (87-53), which means the General Assembly can override Governor Hogan’s anticipated veto when it reconvenes next year.  Below is a summary of the bill which would take effect...
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Maryland Legislative Update

Garrett Wozniak
Garrett Wozniak
03/17/2017
There is a little over a month left before the Maryland General Assembly adjourns its 2017 legislative session.  Below is a list of some of the employment-related bills that thelegislature is considering or has considered. House Bill 1, the Maryland Healthy Working Families Act, was summarized in a previous blog post.  HB 1 has passed the House and is being considered by the Senate.  HB 1 was cross-filed with Senate Bill 230, which the Senate...
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Maryland Legislators Considering Bills to Restrict Pre-Employment Salary Inquiries

Kollman & Saucier
Kollman & Saucier
02/06/2017
In January, Maryland lawmakers proposed H.B. 398 and S.B. 404 to amend Maryland’s Equal Pay Act.  The Act, codified at Md. Code Ann., Lab. & Emp. § 3-301 et seq., generally prohibits discrimination in pay based on sex or gender identity for employees who work in the same establishment and perform similar jobs or work on the same operation, in the same business, or of the same type.  Under § 3-304.1 of the Act, employers are...
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President Trump Is Here...

Randi Klein Hyatt
Randi Klein Hyatt
01/25/2017
It has been five days since his inauguration, and the world continues to turn (and Trump continues to Tweet).  Thus far, we have seen remarks on attendance figures at the Inauguration, "alternative facts," Cabinet appointments, and a slew of Executive Orders.   Without getting into the politics of it all, here are some key highlights of Trump's first few days: Federal agencies have been instructed to freeze all pending regulations, which would...
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Maryland Legislative Update - The Healthy Working Families Act

Lawmakers in Maryland have attempted to pass a paid sick leave bill for a number of years.  With the General Assembly reconvening on Wednesday, the effort is being renewed this year.  Thus far, legislators have introduced House Bill 1 and House Bill 65 -- both are versions of the Healthy Working Families Act, which was introduced last session as House Bill 580.  Governor Hogan has said that he will introduce paid sick leave legislation of his...
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Federal Court Issues Nationwide Order Blocking New Overtime Rule

Employers received something to be thankful for late yesterday afternoon, when a federal judge in Texas issued a nationwide preliminary injunction against the Obama Administration’s overtime rules that were scheduled to take effect on December 1. With the Trump Administration set to take office on January 20, 2017, there is a significant chance the new rules will never take effect. A brief FLSA refresher: employers are ordinarily required to pay...
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