A Deeper Dive Into Maryland's New Paid Family Leave Law

Randi Klein Hyatt
Randi Klein Hyatt
04/29/2022
As Eric Paltell blogged about earlier this month, Maryland is now the 10th state to offer paid family leave to employees.  Likely, many other states will follow suit.  Below is a Q&A to unpack further what is required by the "Time to Care Act." What Employers Are Covered? Any public or private entity that employs at least one individual in Maryland. Employers may be eligible for an exemption under the Act if they can establish that they...
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Handbook Receipt Language Dooms Mandatory Arbitration Clause

Randi Klein Hyatt
Randi Klein Hyatt
04/27/2022
Around the corner from our law offices is Nationwide Motor Sales Corporation (NMSC).  NMSC has been sued by a collection of current and former sales persons who claim Nationwide failed to pay them more than $1 million in commissions.  In response to the filed lawsuit, NMSC moved to compel arbitration, citing the Arbitration Agreement that is contained within its Employee Handbook.  The Fourth Circuit just held, in Coady v. Nationwide Motor Sales...
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Second and Third Opinions In FMLA Cases

Clifford Geiger
Clifford Geiger
04/22/2022
The United States District Court for the Middle District of Pennsylvania recently addressed the proper role of employer-sought second opinions, as well as third opinions, in FMLA cases. Wert v. The Pennsylvania State University (April 15, 2022). Brenda Wert was an accountant at Penn State University. She had a medical certification allowing her to take one day of FMLA leave per week for migraines. When she started taking more time, Penn State asked...
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Fourth Circuit Dismisses Vaccine Mandate Suit By Federal Employees

Clifford Geiger
Clifford Geiger
04/21/2022
Two federal employees sued President Biden, the Secretary of Health and Human Services, and the Secretary of Defense, seeking to enjoin Executive Order 14,043.  That Executive Order, with limited exceptions, requires that all federal employees be fully vaccinated against COVID-19.  The employees argued the vaccine mandate is unconstitutional and violates their rights to due process, privacy, and bodily integrity.  They asked the United States...
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More (Possible) Labor Pains

Darrell VanDeusen
Darrell VanDeusen
04/13/2022
Earlier this week I wrote about some developments in labor law.  I thought my second blog would be about something completely different.  But wait, there’s more. On Wednesday, April 12, the NLRB’s General Counsel, Jennifer Abruzzo, through her deputy GC, filed a brief to the Board that claims a former NLRB associate general counsel – in 1969 – “misrepresented controlling board law” in an argument before the U.S. Supreme Court,...
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More That’s New in Labor Law

Darrell VanDeusen
Darrell VanDeusen
04/11/2022
It has been a big last few weeks in labor law circles.  First, Amazon got unionized in New York by a little-known independent union that didn’t even exist 18 months ago.  President Biden expressed support for the unionizing of Amazon workers saying “Amazon, here we come” in a recent speech.   The President, of course, has been and continues to be a strong supporter of unions. But, as reported in the New York Times, “organized labor has...
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NLRB General Counsel Targets "Captive Audience" Meetings

Eric Paltell
Eric Paltell
04/08/2022
In an April 7, 2022 Memorandum to Regional Directors, NLRB General Counsel Jennifer Abruzzo announced that she will be asking the NLRB to outlaw so-called "captive audience" meetings.  Captive audience meetings refer to meetings between employers and employees during an employee's paid work time where the employee is required to listen to the employer (or its representative) explain the company's position on unions.  Such meetings have long been...
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Maryland General Assembly Passes Paid FMLA Law

Eric Paltell
Eric Paltell
04/04/2022
On March 31, the Maryland Senate approved the  “Time to Care Act,” which will provide paid family leave to employees of businesses with 15 or more employees. The bill now goes to Governor Hogan, where it may be vetoed. However, the General Assembly passed the law with enough time to override a veto, should the Governor choose to do so. The Time to Care Act offers employees 12 weeks of partially paid family leave each year to care for themselves...
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EEOC Releases 2021 Performance Statistics

Vincent Jackson
Vincent Jackson
03/31/2022
The EEOC has released its performance statistics for Fiscal Year 2021.  Surprisingly, the Commission  collected “merely” $485 million in 2021, down $50 million from FY 2020’s record-setting $535.4 million haul. The bulk of 2021’s collections came from administrative settlements with private-sector and state and local governments, with a total of $350.7 million.  An additional $34 million was collected from court settlements and...
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Maryland Senate Bill Changing Definition of Sexual Harassment “Crosses Over” to House of Delegates

Monday, March 21, 2022, was “crossover day” in the Maryland General Assembly.  As a quick Maryland civics lesson, the Maryland General Assembly is comprised of two chambers, the Maryland State Senate and the Maryland House of Delegates.  Bills are proposed and debated in both chambers.  On crossover day, those bills that have passed by vote in one chamber are crossed over to the other chamber for further debate and vote.  Any bills that did...
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