Shawe Rosenthal’s Guide to the Family & Medical Leave Insurance (FAMLI) Program Overview

This law applies to all employers with employees in Maryland. It provides eligible employees with 12 weeks of paid family and medical leave, with the possibility of an additional 12 weeks of paid parental leave (for a possible total of 24 weeks of paid leave). This $1.6 billion program will be administered by the State and funded by contributions from employers and employees. The Maryland Department of Labor has created a new FAMLI Division to administer the program, and it will issue regulations to implement the provisions of the law.

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 Noteworthy

Hey Employers – This Is What Federal Agencies Are Planning to Do in 2023!

Happy New Year – or is it for employers? The federal agencies are planning a slew of actions that will impact the workplace, some of which may pose interesting challenges for businesses. For more, click here.

January 31, 2023
The EEOC Updates Its Resource Document for Hearing Disabilities in the Workplace

The Equal Employment Opportunity Commission has a series of Q&A documents addressing particular disabilities in the workplace, one of which is an updated Hearing Disabilities in the Workplace and the Americans with Disabilities Act. For more, click here.

January 31, 2023
D.C. Circuit Strikes Down Three Provisions of NLRB’s 2019 Election Rule

A divided panel of the U.S. Court of Appeals for the D.C. Circuit struck down three provisions of the National Labor Relations Board’s (“NLRB”) 2019 election rule (the “2019 Rule”) that amended policies and procedures related to union elections. In AFL-CIO v. NLRB, however, the D.C. Circuit, upheld two provisions and concluded that the rule, as a whole, was not arbitrary and capricious. The upheld provisions will be remanded to the federal district court where it will hear the AFL-CIO’s other arguments against the two provisions. For more, click here.

January 31, 2023
The EEOC’s Proposed Strategic Enforcement Plan – What Employers Can Expect for the Next Four Years

On January 10, 2023, the Equal Employment Opportunity Commission (“EEOC”) released its draft Strategic Enforcement Plan for 2023-2027, which gives employers valuable insight into the Commission’s top priorities in the coming years. While the draft plan is open for comment through February 9, (and you may submit comments here) the final plan is likely to look very similar to the current draft, which outlines four key subject matter priorities, in addition to numerous operational priorities. For more, click here.

January 31, 2023
Why Do You Need a Handbook Disclaimer and What Should Be In It Anyway?

A recent Alabama state court decision offers valuable lessons to all employers with employee handbooks (not just those in Alabama) on the importance of a properly drafted handbook disclaimer. For more, click here.

January 31, 2023
Support/Service Animals in the Workplace – What Should Employers Do? by Courtney Amelung,

Support/Service Animals in the Workplace – What Should Employers Do? by Courtney Amelung,

January 25, 2023
Employers, Be Aware of Voting Leave Laws for Your Mid-Atlantic Employees!

With the upcoming election, we thought that it would be helpful to remind employers with employees in the mid-Atlantic about voting leave laws. Maryland: Under Maryland law, employees may take up to two hours of paid leave to vote on Election Day if they do not have two consecutive off-duty […]

September 27, 2024
Federal Appellate Court Upholds NLRB’s Decision Prohibiting Non-Disparagement and Confidentiality Clauses in Severance Agreements

In 2023, the National Labor Relations Board issued a disturbing case applicable to all employers – union and non-union alike – asserting that severance agreements may not contain general non-disparagement or confidentiality clauses. According to the Board, such clauses violate the rights of employees under Section 7 of the National […]

September 27, 2024
The ADA Does Not Protect an Employee Who Failed a Drug Test Because of Hemp Use

The use of products containing cannabinoids (CBD) is quite prevalent, with many assuming that it is perfectly legal. What they do not realize, however, is that they can trigger positive drug tests – and that employers may be able to discipline them based on those results. This case further offers […]

September 27, 2024
Employers – Be VERY CLEAR When Including Arbitration Agreements in Online Applications

Employers must pay particular attention to “the realities of the digital realm” when requiring arbitration agreements as part of an online application process. Thus, in Marshall v. Georgetown Memorial Hospital, the U.S. Court of Appeals for the Fourth Circuit refused to compel arbitration of an applicant’s failure to hire claim […]

August 28, 2024
The Latest Regulation to Fall by the Wayside – The DOL’s 80/20 Tipped Employee Rule

The Department of Labor’s final rule governing tipped employees has a tangled history, but the U.S. Court of Appeals for the Fifth Circuit has now struck down the rule, which has been in place since 2021. And in so doing, it provided a stark illustration of how courts will approach […]

August 28, 2024
Some Lessons for Employers on Arbitration Agreements

Many employers have chosen to require employees to sign arbitration agreements, in which the employer and employee agree to arbitrate most employment disputes. As we discussed in our blog post on arbitration agreement issues, such a choice may or may not be optimal for a particular employer. But for those […]

August 28, 2024

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