DOL Issues Revised FFCRA Regulations

Eric Paltell
Eric Paltell
09/15/2020
On September 11th, the U.S. Department of Labor issued revised regulations on the Families First Coronavirus Response Act (FFCRA). The new regulations are a response to an  August 3, 2020 decision from a New York federal court finding that DOL's interpretation of the FFCRA excluded too many health care workers from the Act's coverage. The court also  struck down a provision that allows employers to deny leave when they don't have work available,...
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Maryland’s Mini-WARN Act: Will You Be In Compliance?

Kollman & Saucier
Kollman & Saucier
09/10/2020
Earlier this week, I blogged about several employment laws scheduled to take effect October 1.  Among them is HB1018/SB0780, which significantly changes the State’s Economic Stabilization Act, Maryland’s version of the federal Worker Adjustment and Retraining Notification (WARN) Act.  For readers who are unfamiliar with the Economic Stabilization Act (the Act), it applies to businesses employing 50 or more individuals and doing business in...
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Heads Up: New Maryland Employment Laws Take Effect October 1

Kollman & Saucier
Kollman & Saucier
09/08/2020
I hope everyone had an enjoyable and safe Labor Day weekend.  For many of us, it’s back to work.  And on that note, here is a rundown of several Maryland labor and employment laws set to go into effect October 1. Wage and Salary History Inquiries -- Employers will soon be prohibited from seeking an applicant’s wage history through an employee or agent or from a current or former employee, or relying on wage history, when screening or...
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Hostile Work Environment Claims Not Barred By Ministerial Exemption

On August 31st, the Seventh Circuit Court of Appeals ruled  a minister’s hostile work environment discrimination claim is not barred by Title VII's ministerial exemption.  The court's 2-1 decision in Demkovich v. St. Andrew the Apostle Parish joined the Ninth Circuit in finding that a hostile work environment is not a permissible means of exerting constitutionally protected control over a ministerial employee.  In 2012, St. Andrew...
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Fourth Circuit Revives Black Tech’s Failure to Promote Claim Against Facebook

Bernadette Hunton
Bernadette Hunton
08/28/2020
A jury could find that Facebook denied promotion to a black facilities worker based on race, the Fourth Circuit concluded in Gary v. Facebook, et al. No. 18-01994 (4th Cir. 8/26/20).  In this case, Gary, a Facebook facilities technician, was denied promotion based on a committee performance review.  His less-experienced white colleague was recommended instead. About a year later, Facebook fired one of the committee members, Hawkins, after...
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DOL Issues Guidance For Tracking Employee Telework Hours

Bernadette Hunton
Bernadette Hunton
08/27/2020
In response to the increase in pandemic-generated remote work, the DOL has issued a Field Assistance Bulletin (No. 2020-5) that offers guidance (applicable to both COVID and non-COVID telework arrangements) on how businesses should manage pay for such work. The guidance emphasizes that remote workers must be paid for all work that an employer knows or “has reason to believe” was performed, and applies a “reasonable diligence” standard to...
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Fourth Circuit Rules That A Retaliation Claim Cannot Be Brought Under Equal Protection Clause

Vincent Jackson
Vincent Jackson
08/19/2020
Last week, the Fourth Circuit Court of Appeals addressed for the first time whether a retaliation claim can be brought against a government employer under the Equal Protection Clause of the Fourteenth Amendment. The answer? No. The female plaintiff, a former Deputy Commonwealth Attorney for Carroll County, Virginia, brought a Section 1983 claim against her former employer under the theory that she was fired in retaliation for reporting sex...
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California Judge Rules that Rideshare Drivers Should be Considered Employees

Vincent Jackson
Vincent Jackson
08/18/2020
In the ongoing battle over the classification of gig workers, a California state court judge recently ruled in favor of workers being classified as employees, as opposed to independent contractors.  The California Attorney General had filed suit against Uber and Lyft in the Superior Court of California, County of San Francisco, seeking an injunction that would force the two rideshare companies to classify its drivers as employees.  The...
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CDC Issues New Guidance On Wearing Masks

Garrett Wozniak
Garrett Wozniak
08/13/2020
In the ever-evolving world that is COVID-19 guidance, the Centers for Disease Control and Prevention (CDC) recently updated its “Considerations for Wearing Masks.”  In the August 7 update, the CDC says that people should wear masks in public and when around people who do not live in their household.  Wearing masks is particularly important when social distancing is not feasible. The CDC recommends that we wear masks because “[m]asks...
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CDC Updates Guidance On Returning From Isolation

Garrett Wozniak
Garrett Wozniak
08/10/2020
The CDC recently updated its guidance on when someone may stop isolating in a number of COVID-19 related scenarios.  If you have been around someone with COVID-19, the CDC recommends that you remain home for 14 days after your last exposure to that person.  However, if you developed COVID-19 illness within the previous three (3) months and recovered and remain without COVID-19 symptoms, you do not, according to the CDC, need to stay...
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