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Follow The Company Rule To Request FMLA. No, The Other One.

By on May 22, 2019 in FMLA

Another “head-shaker” case from FMLA land. Section 825.303(a) of the DOL’s regulations on requesting FMLA leave provides that when an unforeseen need for FMLA leave arises, “an employee must provide notice to the employer as soon as practicable . . . within the time prescribed by the employer’s usual and customary notice requirements applicable to […]

U.S. Court of Appeals for D.C. Joins Other Circuits Rejecting Vague Explanations From Employers

By on May 15, 2019 in Employment Discrimination

In Figueroa v. Pompeo, No. 18-5064 (D.C. Cir. 5/10/2019), the United States Court of Appeals for the District of Columbia held that an employer cannot meet its burden to articulate a legitimate, nondiscriminatory reason for its action with vague assertions about the reasons for an adverse employment action. Richard Figueroa was employed by the U.S. […]

Surgeon Is Not Hospital Employee For Title VII Purposes, Seventh Circuit Holds

By on May 10, 2019 in Employment Discrimination, Independent Contractors

To build on my colleague Vince Jackson’s recent post about the Department of Labor’s distinction between independent contractors and employees, teasing out whether an individual is (or was) a company’s employee who is generally covered by equal employment opportunity laws, or an independent contractor who is not covered, is an often difficult but critically important […]

Department of Labor Opines That Gig Workers are Independent Contractors

By on May 3, 2019 in Agency Activity, Independent Contractors, Wage & Hour

On April 29, 2019, the Department of Labor’s (“DOL”) Wage and Hour Division issued an opinion letter (FLSA2019-6) stating that workers in the “gig” or “sharing” economy should be considered as independent contractors rather than employees.  This opinion letter, while limited to the specific facts of the anonymous company who requested it, has potentially wide-ranging […]

Supreme Court Grants Certiorari On LGBT Discrimination Issues

By on April 24, 2019 in Sexual Orientation, Supreme Court Decisions

On April 22, 2019, the Supreme Court granted certiorariin three cases relating to Title VII’s coverage (or noncoverage) of workplace discrimination based on sexual orientation and/or transgender status.  Those cases are Bostock v. Clayton County, GA(No. 17-1618), Altitude Express, Inc. v. Zarda(No. 17-1623), and R.G. & G.R. Harris Funeral Homes v. EEOC (No. 18-107). The […]

Maryland General Assembly Passes Several New Workplace Bills

By on April 18, 2019 in Legislative Developments, State Law

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 […]

Maryland General Assembly Approves Organ Donation Leave Legislation

By on April 16, 2019 in FMLA, Legislative Developments

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 […]

Some Fun Facts About The EEOC’s 2018 Charge Data

By on April 12, 2019 in Agency Activity, Employment Discrimination, Retaliation, Sexual Harassment

The EEOC released its 2018 charge statistics earlier this week.  Here are three key pieces of information to consider: Charge filings have decreased.  In 2018, the EEOC processed 76,418 charges, which represents more than a 9% decrease from 2017, a nearly 17% decrease from 2016, and a 23.5% decreased from the all-time high year of […]