Blogs

Employment Law

DOL Adopts More Flexible Test to Determine When Interns Must Be Paid Under The Fair Labor Standards Act

Just as many employers are heading into the 2018 summer-intern recruitment season, the U.S. Department of Labor (“DOL”) announced that it has abandoned the rigid six-factor test in use since 2010 to determine whether interns of for-profit entities must be treated as paid employees. Under the DOL’s previous six-factor test, an intern was deemed to…

February 13, 2018

Employment Law

Maryland Paid Sick Leave Law Goes Into Effect on February 11, 2018

On January 12, 2018, Maryland became the latest state to require employers to provide paid sick leave to employees, when the Maryland General Assembly overrode Governor Larry Hogan’s veto of the bill last year. The bill – known as the Healthy Working Families Act – will become law on February 11, 2018, unless the General…

January 26, 2018

Employment Law

What Is Sexual Harassment in the Workplace?

Recently, the #MeToo movement has cast a spotlight on sexual harassment and assault in the workplace. Despite the media focus on sexual harassment, there still seems to be a fair amount of confusion about what is and is not sexual harassment. Simply put, sexual harassment is harassment based on an individual’s sex. For legal purposes,…

January 19, 2018

Employment Law

California Joins States Banning Employers from Asking Job Applicants about Salary History

In October 2017, California became the latest in a growing list of states and localities to ban employers from asking job applicants about their salary histories, a list that includes: Massachusetts, Delaware, Oregon, Puerto Rico, San Francisco, Philadelphia and New York City. Similar legislation is currently under consideration in other states, including: Virginia, Maryland, New…

December 4, 2017

Employment Law

OFCCP Announces Minimum Wage Increase and Hurricane Relief Measures for Federal Contractors

Minimum Wage Rate Increases Last week, the Office of Federal Contract Compliance Programs (OFCCP) announced an increase in the minimum wage applicable to federal contractors for contracts that are covered by Executive Order 13658. Effective January 1, 2018, the new hourly minimum wage rate will be $10.35, up from the current hourly rate of $10.20.…

September 25, 2017

Employment Law

You Need What?: When Does Your Employee’s Request for More Leave Become Unreasonable Under the ADA?

Employee requests for extended leave as a reasonable accommodation of a disability continue to be among the most difficult for employers to evaluate under Americans with Disabilities Act (“ADA”). Consider this all too familiar scenario for many employers: Your employee is nearing exhaustion of all available forms of sick leave, including Family and Medical Leave Act (“FMLA”) leave and paid time off, and informs you that he is unable to return to work right now, requires additional medical…

August 4, 2017

Employment Law

New I-9 Employment Eligibility Verification Form Announced by USCIS

The U.S. Citizenship and Immigration Service (“USCIS”) announced on July 17, 2017 that it has released a newly revised Form I-9 Employment Eligibility Verification Form. Federal law requires all employers to complete a Form I-9 for each individual hired for employment in the United States. Employers can begin using the revised version of the Form…

July 24, 2017

Employment Law

New Minimum Wage Increases for the District of Columbia and Montgomery County

For employers in the District of Columbia and Montgomery County, Maryland, the cost of doing business just got more expensive. Effective July 1, 2017, the hourly minimum wage rate in the District of Columbia increased a dollar to $12.50, while in Montgomery County, Maryland, the minimum hourly wage rate went up to $11.50. Virginia’s minimum…

July 10, 2017

Employment Law

Consider This When Engaging Foreign Independent Contractors

In today’s global economy, it has become increasingly common for companies based in the United States to engage workers who live abroad for various purposes. U.S. companies often classify these workers as “independent contractors” to avoid having to navigate the employment landscape in other countries. However, U.S. companies should be aware of the potential pitfalls…

June 30, 2017

Employment Law

Employment Law Under the Trump Administration

Like it or not, Donald Trump is the 45th President of the United States of America. Now that the initial shock has worn off, it’s time to evaluate how federal employment laws, regulations, and enforcement may shift under the Trump Administration. While President Trump has not spoken at length regarding employment law since taking office,…

April 10, 2017