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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 by Maureen Carr
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    Maureen E. Carr is a shareholder of Bean, Kinney & Korman. She focuses her practice on employment law and commercial litigation and is known for her legal acumen and responsiveness.

    Employment Law

    Understanding and staying current ...

COVID-19 FAQS for Employers

As most everyone in the world by now is aware, the Coronavirus Disease 2019 (COVID-19) pandemic is sweeping the United States and rocking the economy. The federal government and nearly all 50 states have declared states of emergency. Many schools and businesses are closed or operating remotely. The pandemic creates unique issues for employers and employees alike. The following FAQs focus on the legal obligations of employers related to COVID-19.

Marijuana & the Workplace

As state laws and public opinion regarding marijuana continue to evolve, employers are confronting a variety of uncertainties about their drug policies. This article discusses marijuana laws and the ramifications of such laws for employers in Virginia, Maryland, and the District of Columbia.

When and where is marijuana use legal?

As of February 2020, 32 states and D.C. permit marijuana for medicinal purposes, and 11 states and D.C. permit marijuana for recreational purposes. 

When Can an Employer Deduct from the Pay of an Exempt (Salaried) Employee?

To be exempt from the minimum wage and overtime requirements of the Fair Labor Standards Act (FLSA), an employee must perform certain duties and be paid on a “salary basis,” meaning that the employee receives a set salary each week, regardless of the number of days or hours worked, with limited exceptions. Under the FLSA, an employer may deduct from the pay of an exempt employee only under the following circumstances:

  • No work: When an exempt employee performs no work for an entire workweek, the employer is not required to pay the employee’s salary for that week.
March 16, 2018
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Topics Employment
5 Steps an Employer Can Take to Limit Liability for Sexual Harassment

A previous blog post discussed sexual harassment in the workplace. This post discusses steps that an employer can take to avoid liability for sexual harassment, or at least minimize legal exposure.

1. Have a Sexual Harassment Policy

An employer should have a clearly articulated sexual harassment policy that:

  • expressly prohibits sexual harassment in the workplace;
  • defines and provides examples of sexual harassment;
  • establishes the scope of the policy in relation to employees and third parties; and
  • establishes a complaint procedure for victims or observers of sexual harassment. 
What Is Sexual Harassment?

Recently, the #MeToo movement has cast a spotlight on sexual harassment 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, sexual harassment includes unwelcome sexual advances, requests for sexual favors, and other verbal, written or physical conduct of a sexual nature that:

  1. affects an individual’s employment,
  2. unreasonably interferes with an individual’s work performance, or
  3. creates an intimidating, hostile, or offensive working environment.
What to Consider 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 of misclassifying foreign workers, particularly in countries where employment laws tend to be more employee-friendly than U.S. law. Employers should consider the following factors when engaging foreign independent contractors to work abroad.

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, his pro-business philosophy and nomination of Andrew F. Puzder, a former restaurant executive, for Secretary of Labor (Puzder later withdrew his name from consideration) suggests that the Trump Administration will be significantly more employer-friendly than the Obama Administration