At Shulman Rogers, the focus of our employment and labor law attorneys is to help our clients successfully navigate through the increasingly complex and ever-changing landscape of laws affecting their issues. We take a pro-active approach to alerting our clients to changes and developments in the law and advising them how to appropriately adapt to these changes. We also work closely with our clients to identify and solve their workplace concerns and issues before they become disputes. Disputes, unfortunately, do arise, however, and when they do, we vigorously represent clients in resolving those disputes, including in proceedings before local, state and federal administrative agencies and courts.
We advise and defend employers of all types and sizes, from large publicly-held companies to family-owned businesses, and from the well-established to early-stage and growing entrepreneurial companies. We are experienced in handling the specific and unique issues that each of these businesses face. Our attorneys make the effort to understand a client’s objectives, and work directly with the client to achieve those objectives. Many of our clients have come to us as referrals from existing clients.
Consistent with our strategic location just outside Washington, D.C., Shulman Rogers has established a reputation for in-depth knowledge of not only federal employment law, but also the laws of Maryland, the District of Columbia and Virginia. Our attorneys have extensive experience practicing before the courts and agencies in those jurisdictions. National and international companies with operations in this region retain us because of our local knowledge and experience; other law firms refer clients or work with us because of these capabilities.
Our broad and diverse employment and labor law practice offers the expertise of “national” or “downtown” firms but at fees reflective of our suburban location and a practical, cost-effective approach in all that we do, whether in counseling our clients or defending them in litigation. We assign attorneys who have the expertise and experience to handle matters effectively and efficiently. We use technology to reduce the cost of litigation.
We understand that most employers wish to avoid litigation, and we counsel our clients on preventive measures to help minimize the risk of litigation. We offer advice on day-to-day issues arising in the workplace as well as more complex problems. We assist clients in developing and implementing policies, practices and agreements to avoid liability and comply with workplace legal requirements, including handbooks, hiring documents, employment agreements and severance and release agreements. We develop agreements and policies to protect trade secrets and proprietary information and to prevent unfair competition by former employees. We also provide on-site training to management, supervisors and other employees to help protect our clients against liability and exposure to litigation.
Despite preventative practices, litigation is sometimes an unavoidable reality. Our attorneys vigorously represent our clients and actively practice before the federal and state courts and administrative agencies in Maryland, Virginia, and the District of Columbia.
March 19, 2020
COVID-19: What to do with your Employees — Recording of A Call with Merry Campbell
March 30, 2020
Last Friday, the Coronavirus Aid, Relief, and Economic Security Act (“CARES Act”) became law and the latest—and by far the biggest—legislative response to the novel coronavirus (“COVID-19”) outbreak. The CARES Act will infuse more than $2 trillion into the U.S. economy.
March 16, 2020
Coronavirus (COVID-19) has us all scrambling with work, with family, and with our sanity. We all know the news changes daily (as do the closures and emergency legislation), but we have put together guidance on some common questions we’ve been hearing from clients.
March 23, 2020
LISTEN TO THE CALL: Many of you have reached out to discuss difficult decisions forced by COVID-19. On this call, Merry will share answers to your most commonly asked questions about the difference between layoffs and furloughs.
April 6, 2020
Join us for: FFCRA New Emergency Paid Leave- Who Qualifies and What Documentation Do They Need to Provide — A Zoom Call with Merry Campbell. Many of you have reached out to discuss difficult decisions forced by COVID-19. On this call, Merry will share answers to your most commonly asked questions on the new emergency paid leave
March 20, 2020
Employers must prepare to act soon, to assure their compliance with the historic emergency paid family and sick leave obligations passed into law this week. The Families First Coronavirus Response Act is effective on April 2, 2020 and is currently scheduled to last through December 31, 2020.
March 24, 2020
Last week, the Equal Employment Opportunity Commission (“EEOC”) released updated guidance entitled “What You Should Know About the ADA, the Rehabilitation Act, and COVID-19.” The updated guidance provides answers to employers’ frequently asked questions regarding compliance with the Americans with Disabilities Act and the Rehabilitation Act during the COVID-19 outbreak.
March 26, 2020
On March 25, 2020, U.S. Department of Labor (DOL) released the model notice covered employers are required to post pursuant to the Families First Coronavirus Response Act (FFCRA), along with answers to Frequently Asked Questions about these notice requirements.
March 30, 2020
In support of its ongoing effort to facilitate understanding of and compliance with the recently enacted Families First Coronavirus Response Act (FFCRA), the U.S. Department of Labor (DOL) has recently issued an exhaustive set of Questions and Answers to provide compliance assistance to employers and employees with respect to their responsibilities and rights under the FFCRA.
March 31, 2020
By Ronald Adler, President-CEO, Laurdan Associates, Inc.
www.laurdan.com
The CARES Act imposes important new requirements on the Federal-State Unemployment Insurance Program.
April 1, 2020
A Call with Merry Campbell
Many of you have reached out to discuss difficult decisions forced by COVID-19. On this call, Merry will share answers to your most commonly asked questions on the new paid sick and paid family leave.
May 15, 2020
Join us for an upcoming webinar with Merry Campbell and Greg Grant, Chairs of the Shulman Rogers Employment and Labor Law Group,
August 10, 2020
As businesses look toward reopening to a new normal, now is a good time to review and update your employee handbooks. Specifically:
• Teleworking is likely here to stay, so employers should implement teleworking policies to address issues regarding eligibility and approval, timekeeping, equipment, workers’ compensation, and more.
December 3, 2019
On September 19, 2019, the Department of Labor announced minimum wage increases for individuals who work on or in connection with federal contracts.
January 9, 2020
Ushering in 2020 means setting lofty resolutions to get more organized, be healthier, and comply with the U.S. Department of Labor’s two new regulations that take effect this month.
January 22, 2020
The use of criminal histories in hiring continues to prove challenging and costly for employers.
February 27, 2020
Last month, the Maryland General Assembly voted to override Governor Larry Hogan’s veto of the “ban the box” bill.
February 25, 2020
Beginning February 1, 2020, DC employers are required to give their employees notice regarding DC Paid Family Leave by displaying the DC Department of Employment Services PFL poster at all worksites.
April 23, 2020
Paul McGee of Helios HR recently spoke with Joy Einstein for a question and answer on teleworking. Because Joy is a partner in the busy Employment and Labor Law Practice at a well-known DC area law firm, Paul felt she was the ideal person to give a future view of the changing work climate.
July 1, 2020
On July 1, 2020, the Montgomery County Minimum Wage Rate will increase as follows: from $13.00 to $14.00 for large employers with 51 or more employees; from $12.50 to $13.25 for mid-sized employers with 11 to 50 employees; and from $12.50 to $13.00 for small employers with 10 or less employees.
February 9, 2023
Shulman Rogers’ Merry Campbell and Joy Einstein recently spoke with HRMorning on ways employers can best navigate workplace romance. Their […]
December 1, 2020
On November 19, 2020, the Office of Federal Contract Compliance Programs (OFCCP) published the above-titled final rule to establish clear parameters for OFCCP resolution procedures and enhance the efficient enforcement of equal employment opportunity laws.
November 15, 2022
Register Now for a Year-End Wrap Up Webinar with Merry Campbell
February 27, 2023
n a majority opinion on February 22, 2023, the United States Supreme Court in Helix Energy Solutions Group, Inc. v. Hewitt held that a highly paid employee was not exempt from the overtime requirements of the Fair Labor Standards Act (“FLSA”) because he was paid a daily rate and not a guaranteed salary. In light of this ruling, highly compensated executive employees may be entitled to overtime pay if they are paid at daily rates.
February 25, 2020
Beginning February 1, 2020, DC employers are required to give their employees notice regarding DC Paid Family Leave by displaying the DC Department of Employment Services PFL poster at all worksites.
March 27, 2023
Uniformed Services Employment and Reemployment Rights Act (USERRA) requires employers to provide employees on military leave with the same rights and benefits that are provided to employees on other, similar leaves. If the benefits vary, the employee must be given “the most favorable treatment according to any comparable form of leave.”
March 15, 2023
As we have probably all heard by now, Silicon Valley Bank (“SVP”), the premier bank for high-growth startups, collapsed last week.
March 2, 2023
Join us for an Employment Law Roundtable: Crowdsourcing Answers to Problematic HR Situations
February 16, 2023
The U.S. Department of Labor (DOL) has released a Field Assistance Bulletin (FAB) on the compensability of short breaks under the Fair Labor Standards Act (FLSA).
February 14, 2023
To be eligible for leave under the federal Family and Medical Leave Act (FMLA), an employee must meet certain requirements.
February 9, 2023
Shulman Rogers’ Merry Campbell and Joy Einstein recently spoke with HRMorning on ways employers can best navigate workplace romance. Their […]
January 30, 2023
The U.S. Department of Labor recently announced in a blog post that it has created new resources to assist workers who have cancer or have family members with cancer to understand their rights under the Family and Medical Leave Act (“FMLA”).
January 26, 2023
The Equal Employment Opportunity Commission (EEOC) has recently released a new resource document for employers, providing valuable guidance on how to navigate the Americans with Disabilities Act (ADA) in relation to job applicants and employees with hearing disabilities.
January 12, 2023
Recently, Maryland Senate Bill 450 (SB 450) went into effect, revising the definition of sexual harassment in the workplace by changing the standard of sexual harassment from “severe or pervasive” conduct to the “totality of the circumstances” in sexual harassment cases.
January 9, 2023
Employers take note—a recent rule change implemented by the NLRB is designed to make it easier for unions to organize […]
January 6, 2023
On January 5, 2023, the Federal Trade Commission (“FTC”) proposed a rule to ban non-compete agreements between employers and “workers.” If […]
January 5, 2023
On December 29, 2022, President Biden signed into law the Pregnancy Workers Fairness Act (the PWFA), which will go into […]
December 6, 2022
During this webinar, Shulman Rogers’ Employment Law Group Co-Chair, Merry Campbell and Michele Stein, Area Senior Vice […]
November 14, 2022
The U.S. Equal Employment Opportunity Commission recently released a new “Know Your Rights” poster that replaces the previous “EEO is the Law” poster, which employers with at least 15 employees are required to display in a conspicuous location in the workplace where notices to applicants and employees are customarily posted
November 10, 2022
In Kodiak Building Partners, LLC v. Adams (“Kodiak”), C.A. No. 2022-0311-MTZ, the Delaware Court of Chancery recently found the restrictive covenants imposed on a stockholder in a business acquisition were overbroad and therefore unenforceable.
November 7, 2022
The act also adds “homeless status” as a protected category, which is defined under the Act as “an individual or […]
October 31, 2022
Meredith “Merry” Campbell was recently named to The Daily Record’s Power List of the top 25 Business and Employment Law attorneys in the state of Maryland.
October 20, 2022
One of the priorities identified by the EEOC’s current strategic enforcement plan is “to address issues related to complex employment relationships and structures” while “focusing specifically on temporary workers, staffing agencies, independent contractor relationships, and the on-demand economy.” The EEOC has intensified its scrutiny of staffing agencies as the numbe
October 18, 2022
On October 11, 2022, the Department of Labor (“DOL”) published a Notice of Proposed Rulemaking (“NPRM”) which reverses course from a January 2021 Trump-era final rule dictating when a worker is classified as an employee or independent contractor under the Fair Labor Standards Act (“FLSA”).
October 17, 2022
We want to make sure employers are aware of the option for job applications or offer letters to include a provision that shortens the statute of limitations for any action arising from an employee’s employment so long as there is no statute that would prevent a shortened limitations period.
October 3, 2022
Just a reminder, the new D.C. limitation on non-competes takes effect October 1, 2022.
September 7, 2022
On August 16, 2022, the U.S. Court of Appeals for the Fourth Circuit held that gender dysphoria is a disability under the Americans with Disabilities Act (“ADA”).
August 24, 2022
Join us on 9/29/2022 at 9:30 AM for an Employment Law Webinar: Crowdsourcing Answers to Problematic HR Situations
August 4, 2022
On July 13, 2022, D.C. Mayor Muriel Bowser signed the Cannabis Employment Protections Amendment Act of 2022, which will become law after a 60-day congressional review period.
August 2, 2022
On July 13, 2022, Maryland’s highest court issued a far-reaching decision that will impact Maryland-based companies and companies that have employees working in Maryland who are required to report to an off-site parking location or shuttled to and from a jobsite.
July 26, 2022
Good news for D.C. employers who were worried about the (very) broad D.C. proposed ban on non-competes!
July 21, 2022
On July 15, 2022, the Department of Labor published a Notice of Proposed Rulemaking to implement and enforce the Biden Administration’s Executive Order “Nondisplacement of Qualified Workers Under Service Contracts.”
July 5, 2022
On July 1, 2022, the District of Columbia increased its minimum wage rate from $15.20 to $16.10 per hour for employees who do not receive gratuities and increased its minimum wage from $5.05 to $5.35 per hour for employees who do receive gratuities. As to the latter, it is very important to remember that the combine
June 29, 2022
On July 1, 2022, the Montgomery County, Maryland minimum wage rate will increase.
June 28, 2022
Regardless of your opinion on the decision, we can all agree that the world looks different now that abortion access is no longer guaranteed. We have fielded calls from many of you asking what you can do to change your policies and benefits in response to this decision.
June 21, 2022
Please join us for an Employment Law Webinar: Addressing Diversity, Equity & Inclusion in HR Objectives
May 19, 2022
The U.S. Department of Labor (“DOL”) recently issued a press release that a pest control company violated the Fair Labor Standard Act’s (“FLSA”) overtime requirements by paying its nonexempt employees a fixed salary, regardless of the number of hours they worked.
April 28, 2022
Maryland employers take note—under the state’s brand new paid family and medical leave law, employers must provide paid FMLA in January 2025.
March 21, 2022
On March 14, 2022, the EEOC issued new guidance regarding caregiver discrimination and the COVID-19 pandemic.
March 16, 2022
March 14, 2022
March 1, 2022
The Federal Government joined several states in potentially voiding existing mandatory arbitration clauses in cases involving sexual harassment or assault.
February 28, 2022
Please Join us for an Employment Law Webinar: Crowdsourcing Answers to Problematic HR Situations
February 24, 2022
As the number of COVID-19 cases in the United States decreases, several state and local jurisdictions, including Washington, D.C., Maryland and Montgomery County, have lifted their mask mandates.
February 22, 2022
As we settle into the new year, and maybe into a new office routine, it’s a good time to check to ensure your EEO and other employment policy posters are up to date.
February 17, 2022
Shulman Rogers’ Employment Law Group Chair, Merry Campbell, looks forward to moderating Women in Government Relations’ upcoming panel discussion: “Jobs, Jobs, Jobs: How Recent State Labor Policies are Changing” on February 23, 2022 from 12:00 PM ET- 1:30 PM ET.
January 31, 2022
Shulman Rogers Employment Law attorney, Joy Einstein, will join Restaurant Association Metropolitan Washington and Payroll Network on February 2, 2022 at 3:00 PM ET to present an informational session on the new 80/20 Dual Jobs rule on the payment of tipped employees under the Fair Labor Standards Act.
January 24, 2022
As we reported in our January 14, 2022 Alert, the U.S. Supreme Court blocked the enforcement of the OSHA ETS which required employees of companies with at least 100 employees to be vaccinated against COVID-19 or undergo weekly testing.
January 21, 2022
Finally providing an answer to one of the questions we frequently hear from employers, the DOL issued an FAQ outlining when Employers must pay for the time their non-exempt employees spend getting vaccinated and/or testing for COVID.
January 14, 2022
On January 13, 2022, the U.S. Supreme Court blocked the enforcement of the OSHA Emergency Temporary Standard (“ETS”) that would have required employees of employers with at least 100 employees to be vaccinated against COVID-19 or undergo weekly testing.
January 5, 2022
View a recording of Merry Campbell’s recent Employment Law Webinar: A Year End Wrap-Up.
December 21, 2021
On December 20, 2021, Mayor Muriel Bowser announced D.C.’s COVID-19 Action Plan in response to the unprecedented surge related to the Omicron variant.
December 21, 2021
Join Employment Law attorney, Merry Campbell on January 5, 2022 from 9:30 AM ET – 11:00 AM ET for an informative, free webinar.
December 20, 2021
In a Friday night surprise for all business owners with at least 100 employees, the federal courts dissolved the stay on the OSHA Emergency Temporary Standard, meaning that the rule requiring that employees either vaccinate or test weekly is now back in place.
December 12, 2021
On November 18, 2021, the District of Columbia amended the Accrued Sick and Safe Leave Act to provide paid leave for COVID-19 vaccinations and recovery.
December 1, 2021
For all of you employers confused about the status of the various vaccine mandates…join our party.
November 30, 2021
When we talk to our restaurant clients, one of their biggest concerns is the uncertainty regarding the tip credit rules.
November 19, 2021
Co-chair of Shulman Rogers’ Employment Law Group, Merry Campbell, invites you to join her for a webinar where she will discuss and address many of the pressing issues facing employers today.
November 12, 2021
As part of their overall effort to keep us on our toes, the EEOC is now suggesting that the request for religious accommodation form published by the White House’s Safer Federal Workforce Task Force may be overbroad.
November 5, 2021
Federal Government Contractors- the Safer Federal Workplace Task Force issued updated FAQs with a bit more guidance on how to comply with the federal contractor vaccine mandate.
November 5, 2021
President Biden directed the Occupational Safety and Health Administration (“OSHA”) to issue an Emergency Temporary Standard (“ETS”) requiring employers with 100 or more workers to require that employees be vaccinated against COVID-19, or undergo weekly testing.
October 27, 2021
On October 25, 2021, the Equal Employment Opportunities Commission (EEOC) published additional guidance for employers implementing COVID-19 vaccine requirements with respect to proffered religious objections from current and prospective employees.
October 21, 2021
Effective October 1, 2021, the D.C. City Council enacted emergency legislation that would expand the benefits available to employees under the D.C. Universal Paid Leave Act (UPLA) and the D.C. Family and Medical Leave Act (FMLA).
October 7, 2021
We are already working with many of you as you roll out a vaccine mandate policy for your workforce.
September 30, 2021
As a follow-up to our previous Alert on the new vaccine mandate for government contractors, and in response to questions we have received from many of you, we share the following.
September 27, 2021
We have heard from many of you asking for the details on the recently-announced 3-prong federal vaccine mandate.
September 22, 2021
Earlier this month President Biden issued two Executive Orders along with guidance to the Department of Labor’s Occupational Health and Safety Administration (OSHA) in support of his 6-point Path Out of the Pandemic COVID-19 Action Plan.
September 21, 2021
On April 2, 2021, the Ban on Non-Compete Agreements Amendment Act of 2020 (“Non-Compete Act”), was signed into law in the District of Columbia.
September 13, 2021
After the passage of the American Rescue Plan Act (“ARPA”) on March 11, 2021, COBRA continuation coverage was subsidized 100% for many qualifying individuals.
August 18, 2021
Join us for an Employment Law Webinar: Crowdsourcing Answers to Problematic HR Situations
August 17, 2021
Non-compete agreements have been in the news recently due to President Biden’s Executive Order seeking to limit the use of them.
July 30, 2021
Here is some valuable information about the latest news regarding the Biden Administration’s urgent plans to increase vaccinations as well as an invitation to an upcoming webinar discussing the latest COVID-related employment law issues.
July 27, 2021
The Displaced Workers Right to Reinstatement and Retention Amendment Act of 2020 became effective on April 27, 2021.
July 21, 2021
Merry Campbell, Chair of the Shulman Rogers Employment and Labor Practice Group, looks forward to presenting the Montgomery County Society for Human Resource Management’s July Webinar – Low Down on Leave on July 21, 2021 from 7:30 AM – 9:00 AM.
July 14, 2021
The second half of 2021 brings local minimum wage increases. On July 1, 2021, the minimum wages in Montgomery County, Maryland and the District of Columbia rose.
July 13, 2021
On July 9, 2021 President Biden issued Executive Order 14036 – announced as part of a broad government effort to promote competition within the American economy.
June 30, 2021
As Pride Month 2021 comes to a close, it also marks the one-year anniversary of the Supreme Court ruling in Bostock v. Clayton County.
June 18, 2021
The U.S. Occupational Safety and Health Administration (“OSHA”) recently issued updated Guidance on Mitigating and Preventing the Spread of COVID-19 in the Workplace (the “Guidance”) for employers and workers outside of the healthcare industry.
June 1, 2021
Late last week the EEOC updated its COVID- Frequently Asked Questions.
June 1, 2021
With vaccination rates on the rise and COVID-19 restrictions relaxing, many employers are reassessing existing policies in preparation for the return of employees to the workplace.
May 25, 2021
Join Merry Campbell and Joy Einstein of the Shulman Rogers Employment Law Group for a webinar: The Lowdown on Leave Laws on June 22, 2021 from 9:00 AM – 11:00 AM ET.
May 20, 2021
Please join us for a webinar on June 17, 2021, from 9:00 AM – 10:30 AM ET as we discuss multiple problematic scenarios we have observed through the years.
May 17, 2021
Join Payroll Network and Shulman Rogers on May 25, 2021 from 10:00 AM to 11:00 AM ET for a Webinar: Employment Law Updates for Restaurants to learn the latest post-pandemic information on ARPA, Displaced Workers Act, vaccine updates, wage restrictions, and harassment/ discrimination.
May 7, 2021
The United States Department of Labor (DOL) announced that, effective May 6, 2021, the previous administration’s proposed independent contractor rule has been withdrawn.
April 15, 2021
The Virginia Overtime Wage Act (VOWA) was signed into law on March 20, 2021, and will go into effect on July 1, 2021.
April 8, 2021
The government issued FAQs and model notices for the new COBRA subsidies—links below, hot off the presses.
March 25, 2021
This month, the U.S. Department of Labor (“DOL”) proposed the withdrawal of two regulations, one concerning Independent Contractors and the other concerning Joint Employers. These Rules are not going forward, and employers should stay tuned for the Biden Administration’s own proposed regulations.
March 23, 2021
On March 11, 2021, President Biden signed into law the American Rescue Plan Act of 2021 (“ARPA”). This new law extends the period for which tax credits are available to employers who continue to voluntarily provide the same kind of paid sick and/or family leave first provided for by the Families First Coronavirus Response Act (“FFCRA”).
March 22, 2021
Watch video from A Conversation with Merry Campbell as she answered frequently asked questions about the COVID-19 vaccine and its impact on employers.
March 12, 2021
Joy Einstein joins Corporate Payroll Services on Thursday March 18th at 10 AM to present a webinar on 2021 Food and Beverage Employment Laws.
March 11, 2021
As we enter the season of greater COVID-19 vaccine availability and some aspect of normalcy, many employers may have questions about vaccinations and the workplace.
February 23, 2021
Join Us For A Webinar: Employer-Sponsored Health & Welfare Plans – An Update on Recent Regulatory Changes
February 9, 2021
At the start of the year, the Fourth Circuit Court of Appeals in Lemon v. Myers Bigel, affirmed the dismissal of a North Carolina lawsuit brought by an equity partner alleging gender and race discrimination on the part of her former law firm.
February 9, 2021
Join Us for an Upcoming Q&A Session: Top 6 Employment Law Problems Every Food and Beverage Employer Should Be Aware Of
January 19, 2021
Join us for a Webinar: Rebuilding Your Employment Strategy in 2021
January 14, 2021
The 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).
January 11, 2021
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.
January 7, 2021
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.
January 6, 2021
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.
January 5, 2021
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.
January 4, 2021
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.
December 16, 2020
In our post yesterday we shared the good news that Maryland took action to calculate 2021 UI tax rates based on the data used to calculate your 2020 rate.
December 15, 2020
On December 10, 2020, Governor Hogan issued an Executive Order waiving the charging of COVID-19 unemployment insurance benefits to employers.
December 14, 2020
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 employment.
December 9, 2020
On January 15, 2021, employers in Montgomery County, Maryland will be subject to a new workplace discrimination law passed by the Montgomery County Council.
December 3, 2020
Just when we all got used to a required 14 day quarantine for COVID exposure—the CDC has changed the rules on us. The agency issued revised guidance this week for asymptomatic individuals.
November 19, 2020
This spring the D.C. Council passed the Transportation Benefits Equity Amendment Act of 2020 in an effort to encourage employees driving in to D.C. for work to consider more environmentally friendly alternatives.
November 17, 2020
Last month, in accordance with its zero tolerance policy, DC radio station 106.7 The Fan announced the termination of sports radio host Chad Dukes owing to “racist and other inappropriate comments” made by Dukes on his personal podcast.
November 9, 2020
Princeton University has agreed to pay over $1 million in back pay and future wages to a group of female employees, following findings by the U.S. Department of Labor (DOL) Office of Federal Contract Compliance Programs (OFCCP), that between 2012 and 2014, female employees in full professor positions were paid less than their male counterparts.
November 6, 2020
The President’s Executive Order on Combating Race and Sex Stereotyping (the “Executive Order”) has caused serious concern and confusion among federal contractors. The government’s latest guidance gives us more information, but many unanswered questions remain.
November 4, 2020
Join Employment Law attorney, Merry Campbell for this informative, free Year End Wrap-Up of Employment Law issues.
October 28, 2020
Last week the Center for Disease Control (CDC) revised its definition of “close contact” with someone with COVID-19 to include shorter, repeated contacts. Previously, the CDC defined “close contact” as 15 consecutive minutes within 6 feet of someone who had tested positive for COVID-19. The revised guidance now considers a total of 15 minutes of exposure within a 24-hour period to constitute “close contact” as well.
October 27, 2020
Earlier this month, the U.S. Department of Labor through the Office of Safety and Health Administration (OSHA) issued the following helpful guidance for service industry employers—
October 13, 2020
In a ruling of particular significance in the current COVID-19 era, the U.S. Court of Appeals for the Sixth Circuit recently ruled in Kirilenko-Ison v. Board of Education of Danville Independent Schools that employee advocacy on behalf of a disabled third party is protected by the Americans with Disabilities Act (ADA).
October 7, 2020
On September 22, 2020, the President of the United States issued an Executive Order on Combatting Race and Sex Stereotyping (the “Executive Order”).
October 5, 2020
The widespread use of teleworking and working from home appears to be here to stay. Since the onset of the COVID-19 pandemic, many employees have been unexpectedly working from home, prompting them to purchase office equipment and supplies that they otherwise would not have purchased.
October 1, 2020
There is an abundance of information on the internet and elsewhere about the Families First Coronavirus Response Act (FFCRA). This can be difficult for employers to navigate, especially when interpretations of FFCRA provisions keep evolving.
September 30, 2020
Business owners are often compelled to meet staffing needs with independent contractors in lieu of employees in order to save money on taxes, benefits and sometimes pay (minimum wage and overtime). In doing so, they risk increasing federal (DOL, IRS, EEOC), state (Wage & Hour, Unemployment, HR) and even local/county scrutiny, as well as potentially serious legal and monetary ramifications. But for years, there has been a lack of clarity as to who qualifies as independent contractor versus an employee.
September 29, 2020
The EEOC continues to fine tune its guidance regarding the interplay between COVID-19 and the Americans with Disabilities Act, the Rehabilitation Act, and other equal employment opportunity laws.
September 25, 2020
Earlier this month, the U.S. Department of Labor’s (DOL) Wage and Hour Division (WHD) announced revised regulations further clarifying the implementation of the Family First Coronavirus Response Act (FFCRA) in response to a recent ruling in the Southern District of New York invalidating prior interpretations of the FFCRA as summarized in a previous alert.
September 24, 2020
On August 13, 2020, the Mayor of D.C. enacted an emergency law that mandates workplace safety protections for all D.C. workplaces. The Protecting Businesses and Workers from COVID-19 Emergency Amendment Act of 2020 (the “Emergency Law”) will be in effect until November 10, 2020, but could be extended due to the current pandemic.
September 10, 2020
On August 31, 2020, the U.S. Department of Labor (DOL) issued several new opinion letters addressing compliance issues related to the Fair Labor Standards Act (FLSA). Two letters of particular interest address the fluctuating workweek and expense reimbursement.
September 9, 2020
Do you know how many hours your employees work while teleworking from home? If not, now may be a good time to review and implement policies and practices that accurately track this information.
September 8, 2020
A deadline requiring notice to employees furloughed longer than six months under the federal Worker Adjustment and Retraining Notification Act (the “WARN Act”) may be quickly approaching for employers who laid off or furloughed employees around mid-March 2020 due to the coronavirus pandemic.
September 3, 2020
Recently filed litigation by McDonald’s Corp. against its former CEO Steve Easterbrook highlights the importance of conducting thorough and complete investigations at the first report of impropriety.
September 1, 2020
Last week, the U.S. Department of Labor (DOL) published answers to three new Frequently Asked Questions (#98-100) addressing the availability of leave under the Families First Coronavirus Response Act (FFCRA) when an employee’s child is attending school remotely or on a hybrid schedule.
August 20, 2020
Last month, the National Labor Relations Board (NLRB) issued a new standard which gives employers more flexibility to discipline – and terminate – employees for abusive language used while otherwise engaging in protected concerted activity under the National Labor Relations Act (NLRA).
August 6, 2020
The United States Department of Labor (“DOL”) released a Final Rule – commonly referred to as the “Bonus Rule”– that clarifies how employers should calculate the overtime rate of an employee if that employer also provides employee with any bonus or other incentive-based pay under the fluctuating workweek method.
August 5, 2020
In an opinion issued on August 3, 2020, a federal judge in the Southern District of New York ruled in favor of the State of New York on its challenge to the Department of Labor’s (“DOL”) interpretation of certain provisions of the Families First Coronavirus Response Act (“FFCRA”).
August 5, 2020
The U.S. Department of Labor Wage and Hour Division (“DOL WHD”) recently issued revised model notices and forms for employer administration of the Family and Medical Leave Act (“FMLA”) plus a Request for Information soliciting feedback on potential changes to the Act.
August 3, 2020
The District of Columbia recently enacted the Coronavirus Support Emergency Amendment Act of 2020 and the Coronavirus Support Clarification Emergency Amendment Act of 2020 (collectively, “CSEA”) providing leave for employees affected by COVID-19.
July 27, 2020
Effective July 1, 2020, eligible employees may take up to a total of 8 weeks of government-administered paid leave (consisting of partial wage replacement, subject to monetary cap) per year under the District of Columbia’s Paid Family Leave program (“DCPFL”) as follows:
July 22, 2020
On June 26, 2020, the United States Department of Labor, Wage and Hour Division (“DOJ WHD”) issued a Field Assistance Bulletin providing guidance with respect to the use of leave afforded by the Family First Coronavirus Response Act (“FFCRA”) to care for children due to the closure, for COVID-19 related reasons, of summer camps, summer enrichment programs, and other summer programs (collectively, “summer programs”).
June 30, 2020
On May 15, 2018, Maryland Governor Larry Hogan signed into law the Disclosing Sexual Harassment in the Workplace Act of 2018 (the “Act”). The Act, which went into effect on October 1, 2018, prohibits employers, regardless of size, from requiring employees enter into mandatory arbitration for sexual harassment or retaliation claims.
May 14, 2020
As businesses look toward reopening their doors to staff and customers in the wake of COVID-19, we thought it would be helpful to provide an overview of considerations you should take into account moving forward.
May 12, 2020
The U.S. Department of Labor’s Employee Benefits Security Administration recently issued revised COBRA model notices and answers to Frequently Asked Questions focused on the interplay between Medicare and COBRA.
May 4, 2020
Last month, D.C. Mayor Bowser enacted the COVID-19 Response Emergency Amendment Act of 2020 (the “Act”). The Act created a new category of eligibility under the D.C. Family and Medical Leave Act (“DCFMLA”), permitting employees to take unpaid “declaration of emergency” leave if they are unable to work as a result of the circumstances giving rise to the COVID-19 public health emergency.
April 29, 2020
Earlier this month, Virginia Governor Ralph Northam signed into law House Bill 123, amending the Virginia Wage Payment Act to create a private cause of action for employees who are the victim of “wage theft.” This will significantly increase an employer’s liability for failing to fully compensate their employees for all hours worked.
April 23, 2020
Paul McGee of Helios HR recently spoke with Joy Einstein for a question and answer on teleworking. Because Joy is a partner in the busy Employment and Labor Law Practice at a well-known DC area law firm, Paul felt she was the ideal person to give a future view of the changing work climate.
April 20, 2020
Join The Capital Group for a Webinar: Qualified Disaster Relief Payments under IRS Section 139…how they can help your Employees
April 6, 2020
The new FFCRA leave law is coming a little more into focus (despite being already in effect). Late last week, the Internal Revenue Service (IRS) clarified that only one caregiver may take advantage of the emergency paid sick or FMLA leave available under the recently enacted Families First Coronavirus Response Act (FFCRA) to care for a child whose school or childcare is closed
April 6, 2020
Join us for: FFCRA New Emergency Paid Leave- Who Qualifies and What Documentation Do They Need to Provide — A Zoom Call with Merry Campbell. Many of you have reached out to discuss difficult decisions forced by COVID-19. On this call, Merry will share answers to your most commonly asked questions on the new emergency paid leave
April 6, 2020
Due to the state of emergency proclaimed by the Governor of Maryland, and the labor conditions across the state of Maryland, the Secretary of the Maryland Department of Labor (MDDOL) has ordered, effective March 20, 2020, a temporary exemption from the work search requirements for individuals receiving unemployment insurance benefits.
April 2, 2020
Many of you have reached out to discuss difficult decisions forced by COVID-19. On this call, Merry shared answers to your most commonly asked questions on the new paid sick and paid family leave – including: who qualifies, what it costs and how does other paid leave play into this.
April 1, 2020
A Call with Merry Campbell
Many of you have reached out to discuss difficult decisions forced by COVID-19. On this call, Merry will share answers to your most commonly asked questions on the new paid sick and paid family leave.
March 31, 2020
By Ronald Adler, President-CEO, Laurdan Associates, Inc.
www.laurdan.com
The CARES Act imposes important new requirements on the Federal-State Unemployment Insurance Program.
March 30, 2020
In support of its ongoing effort to facilitate understanding of and compliance with the recently enacted Families First Coronavirus Response Act (FFCRA), the U.S. Department of Labor (DOL) has recently issued an exhaustive set of Questions and Answers to provide compliance assistance to employers and employees with respect to their responsibilities and rights under the FFCRA.
March 30, 2020
Last Friday, the Coronavirus Aid, Relief, and Economic Security Act (“CARES Act”) became law and the latest—and by far the biggest—legislative response to the novel coronavirus (“COVID-19”) outbreak. The CARES Act will infuse more than $2 trillion into the U.S. economy.
March 26, 2020
On March 25, 2020, U.S. Department of Labor (DOL) released the model notice covered employers are required to post pursuant to the Families First Coronavirus Response Act (FFCRA), along with answers to Frequently Asked Questions about these notice requirements.
March 24, 2020
Last week, the Equal Employment Opportunity Commission (“EEOC”) released updated guidance entitled “What You Should Know About the ADA, the Rehabilitation Act, and COVID-19.” The updated guidance provides answers to employers’ frequently asked questions regarding compliance with the Americans with Disabilities Act and the Rehabilitation Act during the COVID-19 outbreak.
March 23, 2020
LISTEN TO THE CALL: Many of you have reached out to discuss difficult decisions forced by COVID-19. On this call, Merry will share answers to your most commonly asked questions about the difference between layoffs and furloughs.
March 20, 2020
Employers must prepare to act soon, to assure their compliance with the historic emergency paid family and sick leave obligations passed into law this week. The Families First Coronavirus Response Act is effective on April 2, 2020 and is currently scheduled to last through December 31, 2020.
March 19, 2020
COVID-19: What to do with your Employees — Recording of A Call with Merry Campbell
March 16, 2020
Coronavirus (COVID-19) has us all scrambling with work, with family, and with our sanity. We all know the news changes daily (as do the closures and emergency legislation), but we have put together guidance on some common questions we’ve been hearing from clients.
February 27, 2020
Last month, the Maryland General Assembly voted to override Governor Larry Hogan’s veto of the “ban the box” bill.
February 25, 2020
Beginning February 1, 2020, DC employers are required to give their employees notice regarding DC Paid Family Leave by displaying the DC Department of Employment Services PFL poster at all worksites.
January 22, 2020
The use of criminal histories in hiring continues to prove challenging and costly for employers.
January 9, 2020
Ushering in 2020 means setting lofty resolutions to get more organized, be healthier, and comply with the U.S. Department of Labor’s two new regulations that take effect this month.
December 3, 2019
On September 19, 2019, the Department of Labor announced minimum wage increases for individuals who work on or in connection with federal contracts.
July 18, 2019
Key Takeaway: Employers should ensure that their parental leave policies provide gender-neutral benefits and are applied in a non-discriminatory manner Recently, JPMorgan Chase reached a proposed settlement agreement in which they would pay a historic 5 million dollars to settle a class action lawsuit alleging their paid parental leave policy discriminated against men. In anticipation…
July 16, 2019
Key Takeaways: Records that must be provided to employee: records pertaining to dates of employment, wages or salary during employment, job description and job title, and any injuries sustained by the employee during employment Compliance is required within 30 days of written request Subpoena and/or damages may result for failure to comply Effective July 1,…
April 16, 2019
The D.C. Universal Paid Leave Amendment Act of 2016 (“the Act”) requires all covered D.C. employers to start making payments […]
April 16, 2019
Do you think you are being a generous employer by allowing your employees to use their accrued paid leave as […]
December 6, 2018
Shulman Rogers’ Employment and Labor Law Chair Merry Campbell served as a panelist for “Hiring & Firing in the #MeToo Era” […]
November 6, 2018
On November 6, Greg Grant presented “Virginia Employment — What’s Hot & What’s Not” at the Virginia Society of Certified Public Accountant’s […]
July 2, 2018
July 1st Brings Increases to Maryland & D.C. Minimum Wages July is here, and that means barbecues, fireworks and … […]
June 12, 2018
MARYLAND’S DISCLOSING SEXUAL HARASSMENT IN THE WORKPLACE ACT OF 2018: IS YOUR BUSINESS PREPARED? On May 15, 2018, Governor Hogan […]
June 12, 2018
On June 12, Greg Grant presented “What’s New In Maryland Employment Law!” at the 2018 Annual Conference for the National Association of […]
May 30, 2018
On Monday, May 21, 2018, the U.S. Supreme Court, in Epic Systems Corp. v. Lewis, resolved a Circuit Court split by finding […]
October 25, 2016
The Department of Labor issued its final rule establishing paid sick leave for most federal contractors. The rule applies to […]
November 13, 2015
Private Practice Section (APTA) Annual Conference 2015 Greg Grant, chair of Shulman Rogers’ Employment and Labor Group, will address PPS 2015 conference […]
