Maryland Minimum Wage To Increase to $15/Hour On January 1, 2024

The legislature has updated the scheduled increases to the State’s minimum wage.  For small employers (those with fewer than 15 employees), the State minimum wage is $12.80 per hour as of January 1, 2023.  For employers with 15 or more employees, the State minimum wage is $13.25 per hour as of January 1, 2023. The minimum wage rate will increase to $15 per hour on January 1, 2024 for all employers, regardless of size. The legislature also...
read more

New NLRB Joint Employer Rule Coming This Summer

Kollman & Saucier
Kollman & Saucier
04/19/2023
In September 2022, the National Labor Relations Board (NLRB) issued its proposed rule on the Standard for Determining Joint-Employer Status under the National Labor Relations Act (NLRA).  This rule, which is a return to the Obama-era standard, states entities are joint employers if they "share or codetermine those matters governing employees' essential terms and conditions of employment."  Significantly, under this rule, the authority alone to...
read more

FCRA Compliance: Summary of Consumer Rights Is Updated

The Consumer Financial Protection Bureau (CFPB) updated its Final Rule on the Fair Credit Reporting Act (FCRA) Summary of Consumer Rights and it includes various changes and corrections that are largely non-substantive (contact information corrections; deleting the term "Federal Land Banks").  Employers and consumer reporting agencies are required to provide the Summary to employees and applicants per the FCRA.  Employers must do so with every...
read more

Public School Did Not Discriminate Based On Religion By Requiring High School Teachers To Address Students By Preferred Names And Pronouns

Clifford Geiger
Clifford Geiger
04/14/2023
Brownsburg Community School Corporation (“Brownsburg” or the “School”) is a public school corporation in Brownsburg, Indiana.  Its high school teachers are required to call all students by the names and pronouns registered in the School’s official student database.  John Kluge, the sole music and orchestra teacher at Brownsburg High School, objected on religious grounds to using the first names of transgender students to the extent that...
read more

ALJ Finds Employer Violated Federal Law By Reinstating Employee Subject To A Last Chance Agreement Containing A Broad Non-Disparagement Provision

Clifford Geiger
Clifford Geiger
04/13/2023
The recent case Challenge Mfg. Holdings, Inc., Case 07-CA-286573 (2023), demonstrates how some judges may apply the National Labor Relations Board’s recent decision in McLaren Macomb, 372 NLRB No. 58 (2023), which held that an overly broad non-disparagement provision in a severance agreement was unlawful under the National Labor Relations Act (the “Act”). The provision at issue in McLaren Macomb prohibited employees who accepted severance from...
read more

The Limits of the FLSA Exemption for “Learned Professionals”

Vincent Jackson
Vincent Jackson
04/06/2023
When flying, many passengers have experienced that moment of turbulence, that disconcerting jolt of the aircraft.  During the precious seconds that follow, you may have offered a quick prayer that the pilot draw on his years of experience, education and expertise to guide the plane to safety.  You may have additionally marveled that any human being could exert control over an object as large and complex as a commercial jet.  Small wonders,...
read more

Maryland Court Reins in Appeal Rights From MCCR Determinations

Every person who claims to be discriminated against by an employer has the right to have that charge examined by the Maryland Commission for Civil Rights (MCCR). The claims of charging parties are fully investigated by the MCCR, including procedures to obtain documents, data and testimony.  That process includes an appeal within the MCCR, and the right to seek further review in the Maryland Circuit Court system.  Employers confronted with charges...
read more

Employers: Probably How Not to Win a FMLA Case

Darrell VanDeusen
Darrell VanDeusen
04/05/2023
It’s that time of year when I update my treatise on FMLA/Wage & Hour Law (available as a part of the Labor and Employment Law multi-volume series published by Lexis/ Nexis).  But enough gratuitous self-promotion.  The FMLA turns 30 years old this year.  It remains hard to argue with the Congressional intent of a desire to “balance workplace and family.”   And, as FMLA jurisprudence has matured over the years, there are now not many...
read more

“Most Qualified” v. ADA Accommodation: Who Wins?

Anyone who has engaged in the ADA’s interactive process to provide a “qualified individual with a disability” (meaning that the individual has a “mental or physical impairment” that “substantially limits one or more major life activities”) with a “reasonable accommodation” that does not involve an “undue hardship” to enable them to perform the “essential functions of the job” knows just how challenging that task can be....
read more

Are Kids the Key to Solving the Hiring Crisis?

Mathew Moldawer
Mathew Moldawer
03/31/2023
Since the beginning of the pandemic, certain industries have been hit hard by employees resigning in search of greener pastures – work/life balance and flexible work.  Quit rates were high in industries including the retail, restaurant, and hospitality.  While some businesses and industries have seen a rebound in hiring, hiring in those industries appear to be stagnant.  While incentives such as signing bonuses have been used to attract new...
read more
Email Updates

Enter your email address to subscribe to this blog and receive notifications of new posts by email.

Loading