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Posts tagged "employment policy".

On March 7, 2019, the U.S. Department of Labor (DOL) issued proposed rules that would update the salary threshold for the Fair Labor Standard Act’s (FLSA) so-called “white collar” or “EAP” exemptions from overtime. The importance of this issue for employers is tied to the fact that an employee must be paid on a salary basis at or above the DOL’s specified minimum weekly salary level in order to be exempt from the FLSA’s overtime pay requirements.  

What Changes

Currently, employees paid a weekly salary below $455 per week ($23,660 per year) are deemed non-exempt and must be paid overtime for all hours worked over 40 per week.

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 Assembly acts to delay its implementation.

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

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 unanimously approved an expansion of the Paid Leave Law, effective as of November 1, 2016, to allow employees to use paid leave for the birth of a child or for the placement of a child with the employee for adoption or foster care. Employees will also be permitted to use paid leave to care for a newborn, newly adopted or newly placed child within one year of birth, adoption or placement of the child. The bill “is an important expansion of the [Paid Leave Law],” according to Tom Hucker, its lead sponsor, “to allow parents the flexibility to use their leave to spend time with their children.”

You can read an in-depth review of the Paid Leave Law here.

The Uniform Trade Secrets Act, adopted by 47 states including Virginia, Maryland, and the District of Columbia, generally defines protectable trade secrets as information that derives independent economic value from not being generally known or readily ascertainable and that is subject to reasonable efforts to maintain its secrecy.  In an age of electronic information storage and immediate communication, and in a world where flash drives, SnapChat and portable electronic devices are common, the business world’s increasing dependence on technology is challenged by the ease of downloading and absconding with essential business information. The Trade Secrets Acts provides a critical tool for avoiding this risk, but security requires careful and proactive monitoring and planning as well as hard-headed practical judgment.

Lab Results

Does your wellness program ask employees to take a health risk assessment? Do your employees undergo a fitness for duty examination? Or do you have employees who have requested to take leave under the Family and Medical Leave Act (FMLA)?

If so and you have 15 or more employees, you need to ensure that you are in compliance with the Genetic Information Nondiscrimination Act (GINA).

GINA prohibits employers and other covered entities, such as health insurance companies, from requesting or requiring genetic information with respect to an employee or family member of the employee. It also prohibits employers from discriminating, harassing or retaliating against employees or job applicants on the basis of genetic information.

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In 1997, the Virginia General Assembly passed a law providing savings to employers who establish "Drug-Free" workplace policies.  The discount is currently 5% from the Workers' Compensation insurance policy premium.  For larger companies, this can be quite a significant savings.

Additionally, some organizations and individuals doing business with the government are required to provide a drug-free workplace for employees. This would include organizations with federal government contracts in excess of $100,000, organizations receiving federal grant funding, as well as individual contractors and grant recipients.  Subcontractors and subgrantees do not fall under this requirement.

There are several sources of good information regarding setting up a drug-free workplace policy:

  1. Department of Labor:  the website provides a great deal of information to businesses on how to setup a drug-free workplace policy including the "drug-free workplace policy builder" which guides individuals through a set of questions to help build the policy.
  2. Small Business Administration:  links to information pertaining particularly to small businesses and government contractors.