Blogs

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

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