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Kentucky Court Holds That State Law Does Not Permit Associational Discrimination Claims

Nearly two weeks ago, in a post on associational discrimination claims, I pointed out that while these claims may be relatively uncommon, they are still possible under the ADA and Maryland law. By contrast, last week, a Kentucky state court held that the Kentucky Civil Rights Act (KCRA) does not encompass associational discrimination claims.  The […]

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 […]

D.C. Creates New Training And Reporting Obligations For Employers With Tipped Employees

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 […]

New Maryland Employment Laws That Took Effect October 1

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 […]

Think You Understand Employment Discrimination Law? Here’s a Test.

If you are a student of employment law, you likely know the basics of employment discrimination and the concept of “disparate treatment” – the theory that it is impermissible to intentionally treat someone differently because they are a member of a protected class.  That’s where you get the most typical claims of discrimination.  The “I […]

Expanded Construction Contractor Wage Liability Takes Effect October 1, 2018

Beginning on October 1, 2018, construction contractors doing business in Maryland may be held liable if their subcontractors fail to pay their workers.  To say that this expanded liability is significant would be an understatement. First, a bit of background.  The Maryland Wage Payment and Collection Law permits an employee who has not been paid […]

Maryland General Assembly Strengthens Internal Sex Harassment Rules

The Maryland General Assembly ended its session this week with approval of House Bill 1342, legislation aimed at strengthening policies for the investigation and resolution of sexual harassment complaints involving members of the State lawmaking community.  The Bill is designated emergency legislation.  If Governor Hogan signs as expected, it will become effective immediately. A report […]