Legal Solutions At Work

Marc Elrich, Montgomery County Executive, recently signed into law a bill that significantly expands prohibitions on employers inquiring about an applicant’s criminal record (commonly known as “Ban-the-Box” laws). Montgomery County’s new Ban-the-Box law expands these prohibitions to all employers and expands the prohibition of inquiries into more types of criminal records. This Ban-the-Box law, which… More

Last week our world was spinning between COVID and events at the U.S. Capitol — and amidst all that mayhem — we made an inadvertent error in our January 6th ALERT. The corrected information is italicized below: Maryland: Effective January 1, 2021, Maryland’s statewide minimum wage increased from $11.00/hour to $11.75/hour for employers with 15… More

In mid-December, the D.C. Council passed what may perhaps be the broadest ban on non-compete provisions in employment agreements in the United States. If enacted by the Mayor, this ban would affect nearly every D.C. employer. The Ban on Non-Compete Agreements Amendment Act of 2020 (the “Act”) prohibits an employer from requiring or requesting “that… More

In acknowledgment of the increased number of employers now managing a workforce remotely, the U.S. Department of Labor recently issued guidance regarding the electronic posting of notices required by certain federal statutes. Specifically, alternative means for employers to satisfy the notice requirements of the Fair Labor Standards Act (FLSA), the Family and Medical Leave Act… More

Maryland: Effective January 1, 2020, Maryland’s statewide minimum wage increased from $11.00/hour to $11.75/hour for employers with 15 or more employees. For employers with fewer than 15 employees, the new rate is $11.60/hour. The $3.63/hour rate for tipped employees remains unchanged. Montgomery County: Annual wage rate increases in Montgomery County will take effect as scheduled… More

As originally enacted in March 2020, the Families First Coronavirus Relief Act (FFCRA) required employers to provide 10 days of sick leave and up to 10 weeks of family leave for COVID related absences, and provided a payroll tax credit to reimburse employers. (A quick review of the 6 qualifying reasons for the leave, some… More

On December 22, 2020, the United States District Court for the Northern District of California issued a nationwide injunction as to Sections 4 and 5 of the President’s Executive Order on Combatting Race and Sex Stereotyping (the “Executive Order”), which apply to federal contractors and entities which receive federal grants. This means that, for now,… More

Last week, the U.S. Department of Labor’s Office of Federal Contract Compliance Programs (OFCCP) published a new rule Implementing Legal Requirements Regarding the Equal Opportunity Clause’s Religious Exemption, seeking to clarify for federal contractors the interplay between recent Supreme Court interpretations of religious freedom claims under Title VII and existing Executive Orders prohibiting discrimination in… More

On January 15, 2021, employers in Montgomery County, Maryland will be subject to a new workplace discrimination law passed by the Montgomery County Council. This law represents a significant departure from traditional employment law that will make it easier for plaintiffs to win cases before administrative agencies and in court. Montgomery County employers are encouraged… More

Just when we all got used to a required 14 day quarantine for COVID exposure—the Centers for Disease Control (CDC) has changed the rules on us.  The agency issued revised guidance this week for asymptomatic individuals.  Specifically – if you (or your employee) had close contact with an infected person, the quarantine is now 10… More