The Federal Fair Labor Standards Act (FLSA) requires that employers compensate employees for all hours that they “suffer or permit” to work. What does that mean? Basically – if your non-exempt employee works overtime without authorization, he or she still must be compensated. This is true even for the employee who voluntarily takes work home… More
Top Five Questions Non-Profits Should Ask About Their Volunteers
Now that summer is upon us, many non-profit organizations have begun utilizing summer volunteers. Questions often arise as to whether wage and hour laws require that these volunteers be paid. The answer is no, if they are truly volunteers. To be certain that they are, here are the top five questions every non-profit should ask… More
Navy’s Blue Angels Commander Reprimanded for Supporting Hostile Work Environment
According to published reports, the former commander of the celebrated Blue Angels flight demonstration squadron, a group often thought of as the face of the Navy, was recently reprimanded after an investigation indicated he failed to stop sexual harassment and condoned and participated in other inappropriate workplace behavior. The 63-page investigative report released by the… More
Top Seven Laws Every Employer Should Know*
1. Title VII of the Civil Rights Act of 1964 (Title VII)– In brief, Title VII bars certain employers from discriminating against employees, former employees, or applicants for employment based on race, color, national origin, religion or sex (including gender and pregnancy). Title VII also prohibits harassment and retaliation based on the same protected characteristics…. More
ELLA – the Employment Law Audit
As our blog reminds, it can be pretty tough to keep up with all of the employment and labor laws. My friend and colleague Ronald Adler recently published the 10th edition of ELLA — the Employment-Labor Law Audit. ELLA is an audit application that presents the user with a variety of questions to help identify weaknesses… More
Lowe’s Takes a Blow with Seven Figure Settlement of Independent Contractor Misclassification Suit
Lowe’s Home Centers agreed to a maximum settlement amount of $6,500,000 plus an additional 25% for attorneys’ fees to settle a class action suit brought by its installation contractors alleging they were misclassified as independent contractors instead of employees. Lowe’s, which offers contractors to install products purchased at its stores in customers’ homes, classified these… More
Maryland Workplace Transgender Bias Ban
On May 15, 2014, Maryland Governor Martin O’Malley signed a law prohibiting discrimination in the workplace based on gender identity. The law, known as the Fairness for All Marylanders Act, applies to places of employment, and also to public accommodations, housing, and credit applications. The law will take effect on October 1, 2014, and will… More
Harassment by Third Party Just as Serious as Harassment by Employees
Think you are off the hook because your employee is complaining that a vendor or a client harassed her? Think again. The Fourth Circuit (covering Maryland, North Carolina, South Carolina, Virginia and West Virginia) recently ruled in Freeman v. Dal-Tile Corp. (4th Cir. 2014) that employers are liable for a third party’s harassment of its… More
The Times’ Bad Timing Leads to Hot Water
The New York Times recently terminated the employment of its first female Executive Editor, Jill Abramson. It certainly raised eyebrows that she was fired after less than three years on the job. But the timing of her termination garnered even more attention when the public learned that Ms. Abramson had recently raised concerns about her… More
Is Being at the Office an Essential Function? Maybe Not
When an employee requested to work from home full-time to accommodate her disabling irritable bowel syndrome under the Americans with Disabilities Act (“ADA”), her employer refused, stating that the company stressed in-person teamwork. The district court agreed with the employer and found that the employee’s accommodation request was not reasonable. The Court of Appeals, however,… More