Blogs

Business and Financial Services

Federal Court Halts Implementation of New Overtime Final Rule

Yesterday afternoon, the United States District Court for the Eastern District of Texas issued a nationwide preliminary injunction blocking implementation of the Department of Labor’s Final Rule that would have raised the minimum salary level for white-collar exempt employees under the Fair Labor Standards Act (“FLSA”) from $455 per week ($23,660 annually) to $913 per week ($47,476 annually), effective as of December 1, 2016. It should be emphasized that the Court’s decision to stay…

November 23, 2016

Employment Law

Paid Leave Law in Montgomery County Maryland Is Expanded to Include Paid Parental Leave

On October 1, 2016, Montgomery County, Maryland (the “County”) joined the growing list of jurisdictions requiring paid sick leave for employees of all entities doing business in Montgomery County. The County’s Earned Sick and Safe Leave Law (“Paid Leave Law”) is applicable to all employers doing business in the County. This week, the County Council…

November 7, 2016

Business and Financial Services

Mandatory Paid Sick Leave Comes To Montgomery County Maryland

The Earned Sick and Safe Leave Law Montgomery County, Maryland (the “County”), has recently joined the growing list of jurisdictions requiring paid sick leave for employees. According to County legislators, paid sick and safe leave is necessary to promote the health and welfare of County residents and safeguard County employers from unfair competition from neighboring jurisdictions. Effective October 1, 2016, entities doing business in the County must be in full compliance with the Earned Sick…

October 19, 2016

Employment Law

NLRB to Begin Targeting Employer Misclassification of Workers as Independent Contractors as an Unfair Labor Practice

With the Complaint issued recently by the National Labor Relations Board’s (“NLRB”) Regional Director in Los Angeles, the NLRB appears poised to enter the fray on the issue of employer misclassification of workers as independent contractors instead of employees. The NLRB’s Complaint alleges that Intermodal Bridge Transport “has misclassified its employee-drivers as independent contractors, thereby inhibiting them from engaging in Section 7 activity and depriving them of the protections” of the…

May 19, 2016

Employment Law

New DOL Regulations on FLSA Overtime

Editor’s note: A federal district court has granted a preliminary injunction blocking the overtime rule from taking effect December 1, 2016. The U.S. Department of Labor will today unveil new regulations effectuating significant changes to the payment of employee overtime under the federal Fair Labor Standards Act (FLSA). The new rule will raise the salary…

May 18, 2016

Business and Financial Services

Virginia Attorney General Says Virginia Law Prohibits Discrimination on the Basis of Gender Identity and Perhaps Sexual Orientation

For Virginia employers who have not already updated their EEO policies to include prohibitions against discrimination on the basis of gender identity and sexual orientation, the time may have come to make those changes. Last week, Virginia Attorney General Mark Herring made it official, issuing an advisory opinion in which he concluded that the Virginia’s Human Rights Act’s ban on discrimination on the basis of “sex” also prohibits discrimination on the basis of gender identity and, possibly,…

May 18, 2016

Employment Law

HR 101 from Abercrombie & Fitch

Most human resources professionals know this simple rule governing job interviews: don’t ask candidates about religion. In EEOC v. Abercrombie & Fitch , (2015) Abercrombie’s job interviewer complied with this axiom, but ran afoul of Title VII nonetheless. When Samantha Elauf applied for a position at Abercrombie & Fitch (“A&F”), she was wearing a headscarf or hijab. The interviewer didn’t ask about it during the interview, and Elauf, a practicing Muslim, didn’t mention it or indicate that she…

January 21, 2016

Employment Law

OFCCP Final Rule Prohibits Pay Secrecy Policies by Federal Contractors

Federal contractors, take notice: did you know that it is now illegal as a federal contractor to prevent your employees from discussing their compensation? The Department of Labor’s recent ruling may significantly impact your business and necessitate changes to your policies and practices. Continue reading to determine whether your business will be affected and how.…

January 13, 2016

Employment Law

A Tale of Two Cases: The Perils of Using Temporary Workers

Is your business among the many that utilize contract or temporary employees, workers hired through a third-party staffing agency? Did you know that using temporary workers may subject you to liability under federal employment laws as a joint employer of that worker? Two recent federal appeals court decisions highlight the pitfalls of using temporary workers. Continue reading to see if your business is at risk. The Use of Temporary Workers Has Expanded Since the end of the Great Recession in…

January 13, 2016

Employment Law

The Financial Risks to Employers of Misclassification of Employees as Independent Contractors

Employers, from well-established corporations to start-ups, continue to struggle to understand the legal distinctions between an employee of the business and an independent contractor. The differences can be fundamentally important to the financial well-being of businesses of all sizes, and the difficulties in comprehending the legal nuances go back many decades. More than half a century ago, the U.S. Supreme Court observed in a dispute over whether newspaper boys should be classified as…

November 8, 2015