Main Menu

NLRB Issues Final Joint Employer Rule

Last month, as we reported, the Department of Labor (DOL) issued a Final Rule on the proper interpretation of joint employers within the meaning of the Fair Labor Standards Act (FLSA).   Now, the National Labor Relations Board (NLRB) has followed suit and today announced its Final Rule on Joint Employer Status Under the National Labor […]

Maryland Legislature Considering New Payroll Tax To Fund Family and Medical Leave

We wrote earlier this week about some of the bills working their way through the legislative process in Annapolis.  An item worthy of its own post is legislation that would create a Family and Medical Leave Insurance Program to provide wage replacement for employees taking leave from work: to care for a child during the […]

Does “Zone of Interest” Retaliation Require Employment?

In her blog post of January 27, 2020, my partner Bernadette Hunton reported on the EEOC’s charge statistics in the 2019 fiscal year.  According to the EEOC, nearly 54% of the 72,675 charges filed in fiscal 2019 included a retaliation component. Now, this percentage may be somewhat meaningless.  A charging party need only check the […]

Virginia General Assembly Passes Legislation Prohibiting Worker Misclassification

The Virginia General Assembly is considering legislation that will create new civil penalties for employers who improperly classify workers as independent contractors instead of employees.  The two bills, H.B. 1407 and S.B 744, have been approved by the House and Senate. Once the two versions are reconciled, the legislation is expected to be signed by […]

Maryland General Assembly Overrides Governor’s Ban the Box Law Veto

The Maryland General Assembly has overridden Governor Larry Hogan’s veto of ban the box legislation from last year’s legislative session.  Under the new law, which goes into effect February 29, 2020, employers are prohibited from asking applicants about their criminal histories until an in-person interview. Employer Rights And Responsibilities Employers with 15 or more full-time […]

EEOC Enforcement Data Shows Decrease In Overall Complaints For FY19

On Friday, the Equal Employment Opportunity Commission released its charge-filing statistics for fiscal year 2019, which began October 1, 2018 and ended September 30, 2019. Overall, the Commission received 72,675 charges of discrimination in FY19, down from 76,418 in 2018.  Not surprisingly, retaliation charges continued to make up a majority of claims at 39,110 or […]