2018 Articles

The Department of Labor (DOL) has released four new opinion letters on the Fair Labor Standards Act (FLSA). Opinion letters respond to a specific wage-hour inquiry to the DOL from an employer or other entity, and represent the DOL’s official position on that particular issue. Other employers may then rely […]

In a recently-released Advice Memorandum, originally prepared in 2016, the National Labor Relations Board’s General Counsel reminds employers that Facebook posts may constitute concerted activity that is protected under the National Labor Relations Act, even in a non-union setting. Background Facts:  In H&M Construction Co. & Georgia Pacific, LLC, as […]

In Swift v. University of Maryland, College Park, the Maryland Court of Appeals (the highest State court) reiterated that at-will employment, which is presumed in Maryland and which allows either the employer or the employee to terminate employment at any time with or without cause, may be modified by written […]

On October 23, 2018, the District of Columbia Mayor signed the “Tipped Wage Workers Fairness Amendment Act of 2018,” which includes a new posting requirement for all employers and broad new obligations for employers of tipped workers. The law will take effect following a 30-day period of Congressional review and […]

The Department of Labor announced on October 17, 2018 two new webpages intended to assist both businesses and workers on compliance with the laws enforced by the DOL’s Wage and Hour Division, including the Fair Labor Standards Act, the Family and Medical Leave Act, and child labor laws. These webpages, […]

In yet another example of the Trump administration reversing course on Obama-era guidance, the Occupational Safety and Health Administration issued a “Clarification of OSHA’s Position on Workplace Safety Incentive Programs and Post-Incident Drug Testing Under 29 C.F.R. § 1904.35(b)(1)(iv),” in which it retreated from the significant restrictions the prior administration […]

Employers are facing the conundrum of how to deal with workplace recordings. Some states require two-party consent for any recordings, rendering surreptitious recordings illegal. But until recently, the National Labor Relations Board (NLRB) found such illegal recordings to be protected by – and usable under –  the National Labor Relations […]

The U.S. Court of Appeals for the Ninth Circuit upheld the Department of Labor’s dual jobs regulation and Guidance to find that employers may not take a tip credit against the minimum wage for tipped employees who perform non-tipped work during more than 20% of the workweek – an issue […]

A federal district court has ruled that a company discriminated against an applicant, in violation of  Connecticut’s Palliative Use of Marijuana Act (PUMA), when it refused to hire her because of her positive drug test for medical marijuana use. PUMA provides, in relevant part, [U]nless required by federal law or […]

Following last month’s flurry of activity, as we discussed in the August 2018 E-Update, the Office of Federal Contract Compliance Programs has issued additional directives of interest to government contractors. In addition, the Department of Labor (DOL) has announced the updated minimum wage rates for certain workers performing work on […]