Management's Workplace Lawyers

June 2016 E-update

June 30, 2016

Persuader Rule Update

A federal court has issued a nationwide injunction in one of the three cases that has been filed challenging the Department of Labor’s new interpretation of the advice exemption from the persuader rule.

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Reassignment Must Be Considered for Disabled Employees

The Maryland Court of Appeals (our highest state appellate court) confirmed in Adkins v. Peninsula Regional Medical Center that the definition of a “qualified individual with a disability” under state anti-discrimination law includes employees who could perform the essential functions of a reassignment position, with or without a reasonable accommodation, even if they cannot perform the essential functions of their original position.
 

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EEOC Issues Workplace Harassment Report with Suggested Best Practices

Following a 14 month study involving academic representatives, legal practitioners on both the plaintiff and defense side, employer and employee advocacy groups, and organized labor, the Equal Employment Opportunity Commission issued a report on workplace harassment.
 

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EEOC Issues Guidances on Equal Pay and Pregnancy Discrimination

On June 14, 2016, the Equal Employment Opportunity Commission issued new resource documents addressing equal pay and legal rights for pregnant workers.
 

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OFCCP Issues Revisions to Sex Discrimination Guidelines

On June 14, 2016, the Office of Federal Contract Compliance Programs (OFCCP) announced a Final Rule updating the OFCCP’s sex discrimination guidelines applicable to government contractors and subcontractors.
 

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Supreme Court – Car Dealership Service Advisor Exemption

The U.S. Supreme Court rejected the Department of Labor’s revised regulations on the non-exempt status of car dealership service advisors. 
 

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Maryland – Minimum Wage Increases

As previously mentioned out our December E-update, the following minimum wage increases go into effect July 1, 2016: Maryland State Minimum Wage - $8.75, Montgomery County Minimum Wage - $10.75, and Prince George’s County Minimum Wage will increase to $10.75 on October 1, 2016.
 

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D.C. – Minimum Wage Increase

The District of Columbia City Council has passed and the Mayor has promised to sign a bill that increases the D.C. minimum wage in annual increments to $15.00 per hour by 2020.
 

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EEOC – Posting Penalties

The penalty for violations of the notice posting requirements under Title VII, the Americans with Disabilities Act, and the Genetic Information Nondiscrimination Act is increasing from $210 to $525.
 

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NLRB – E-Verify

Employers must notify the union before utilizing E-Verify, ruled an administrative law judge for the National Labor Relations Board.
 

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NLRB – Independent Contractors

The National Labor Relations Board is taking the position that the misclassification of employees as independent contractors is a violation of the National Labor Relations Act.
 

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DOL – Persuader Rule Clarification

The Department of Labor has clarified that its controversial revised Persuader Rule is only applicable to arrangements and agreements between employers and union avoidance consultants made on or after July 1, 2016.
 

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EEOC – Sample Wellness Program Notice

Following the Equal Employment Opportunity Commission’s release of final regulations governing wellness programs under the Americans with Disabilities Act (as discussed in our May E-Update), the EEOC has now issued a sample notice to assist employers in complying with their obligations under the regulations.
 

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Government Contractors – Revised Veterans' Hiring Benchmark

The Office of Federal Contract Compliance Programs has announced an updated hiring benchmark for veterans of 6.9%, based on recently-released data from the Bureau of Labor Statistics.
 

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TOP TIP: Telecommuting Employees and the FMLA

As more employees telecommute, employers must keep in mind that they may be covered under the Family and Medical Leave Act, as illustrated in a recent case, Donahoe-Bohne v. Brinkmann Instruments.
 

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