The 9th Circuit, in Mayo v. PCC Structurals, Inc, recently issued an employer victory involving facts that seem more like television than real life. The story goes like this: An employee was diagnosed with a major depressive disorder in 1999, but was able to properly perform his job with the help of medication and counseling…. More
Employment Roundtable: Crowdsourcing Answers to Problem HR Situations
If you are in the DC-Metro Area– let’s talk! Employment Roundtable: Crowdsourcing Answers to Problem HR Situations Have you ever had an employee who claims she’s been subjected to discrimination? Or maybe one who habitually strolls in late, or frequently calls in sick? Of course you have—and chances are, it’s the same employee in both… More
Paid Sick Leave for Federal Contractors
Federal Contractors be warned — President Obama signed an Executive Order this week requiring federal contractors to provide paid sick leave. The new requirement will not go into effect until January 2017. The impact of this Executive Order may be less than feared — many federal contractors are already required to provide paid leave under… More
The NLRB Wants YOU to Negotiate with a Union
Big — but not unexpected — news out of the National Labor Relations Board (NLRB). The Board has adopted a new, and significantly broader, standard for “joint employer.” In a nutshell, under the old test a company was only a joint employer for purposes of the National Labor Relations Act (NLRA, or union law) if… More
Settling Overtime Claims
As most employers know, minimum wage and overtime claims under the Fair Labor Standards Act (FLSA) are all the rage these days. The “why” is simple – the penalties are harsh (double damages under federal law, up to quadruple damages under some state laws!), and attorney fees are automatic. So what’s a smart employer to… More
No Credit for Trying to Curb Scent At Work- Surprising ADA Decision
Consider this scenario: Your employee has an extreme allergy to perfume and other scents, which is verified by a doctor. In other words– she likely has a disability covered by the Americans with Disability Act (ADA). You know the drill — you engage in the interactive process and in an effort to accommodate her you… More
Employers Might Want to Rethink The I-9 Review Process
It always pays to learn from the mistakes of others! A large clothing retailer recently entered into a settlement agreement with the Department of Justice (DOJ) following an allegation that the company discriminated against a non-US citizen in violation of federal immigration laws, including the Immigration and Nationality Act. What did the employer do wrong?… More
DOL Independent Contractor Memo– Not News, Just a Reminder
DOL issued a 15-page memo last week about the potential misclassification of employees under the Fair Labor Standards Act (FLSA) as independent contractors. The take-away: DOL thinks most independent contractors are misclassified and should be considered employees. This memo is nothing new—it is merely an articulation of current law. But it is a reminder (as… More
MD Minimum Wage =’s $8.25
Maryland’s minimum wage jumped a quarter – up from $8.00 to $8.25. Change was effective July 1, so make sure your payroll is correct!
New Alert on Paid Leave, Tipped Minimum Wage, Overtime, Pregnancy Discrimination, & Same Sex Marriage
Shulman Rogers Gandal Pordy & Ecker, P.A. Employment Law Alert Montgomery County, Maryland Passes Mandatory Paid Leave Law In mid-June 2015, the Montgomery County Council unanimously voted to enact a law that mandates paid leave be provided to persons working in the county, including those working in the private sector. The Earned Sick Leave and… More