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As employment law constantly changes, the attorneys at Bean, Kinney & Korman stay up to date on the law as it develops. Our blog topics focus on those changes and what you need to know about them, ranging from severance agreements and the FLSA to social media in the workplace and recent court decisions. If you are interested in having us cover a specific topic, please let us know.

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Posts from March 2021.
Avoiding Liability Under the Fair Labor Standards Act

The Fair Labor Standards Act (FLSA) establishes requirements regarding the compensation of employees working in the private sector and in federal, state, and local government positions. To protect employees, the FLSA also prohibits retaliation by employers against employees who complain that their rights have been violated. 

In the past, the FLSA’s anti-retaliation provision has been applied to cases where an employee had been terminated or discriminated against after filing a formal complaint with a governmental agency, typically the U.S. Department of Labor, resulting in the commencement of formal proceedings against the employer.

Complying with the District of Columbia's Accrued Sick and Safe Leave Requirements

For employers located in the greater Washington, D.C. metropolitan area, keeping up with multiple states’ employment law requirements can be challenging. Virginia closely tracks the federal laws that govern employers on issues such as the Family Medical Leave Act and the Americans with Disabilities Act, with only some minor variations, while Maryland mandates employee leave that deviates from both federal law and District of Columbia law.

Legal Considerations When Terminating an Employee

Do you have an employee whose performance isn't cutting it? If so, you will want to read this summary of the considerations and steps to take before terminating an employee.

Many employers terminate employees without following some basic procedures that take little effort on the part of the employer but can prevent major headaches later. Following these rules prior to termination can help employers avoid problems post-employment and can provide a full defense to an employee’s claim of wrongful termination.

The Risks of Using In-House Counsel to Conduct Internal Investigations

While employers strive to minimize the occurrence workplace conflicts, complaints about employee conduct may still arise. When the complaint involves allegations of discrimination or other unlawful conduct, it is important for the employer to promptly and thoroughly investigate the complaint and take appropriate action if the complaint is substantiated.

To manage these investigations, some employers rely on their in-house counsel. However, there are potential downsides to using in-house counsel as the first line of defense when investigating an employee complaint.

Thinking About Hiring an Unpaid Summer Intern?

With another summer approaching, you may be considering hiring an unpaid intern for the summer months. The process for doing so seems cut and dry. However, litigation around unpaid internships has recently increased due to several lawsuits where interns sued their former employers alleging violations of state and federal wage and hour laws by failing to pay interns for work that should have been performed by paid employees.

To determine whether your intern is entitled to minimum wage or overtime, the U.S. Department of Labor (DOL) has proffered a seven-factor “primary beneficiary test.”