April 2018 E-Update

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RECENT DEVELOPMENTS

2017 Maryland General Assembly Employment Legislation Update

During the Maryland General Assembly session that ended in April 2018, Shawe Rosenthal lawyers again worked with the Maryland Chamber of Commerce to oppose or moderate legislation that would adversely affect employers. For more, click here.

DOL Releases New FLSA Opinion Letters and Fact Sheet

The Department of Labor (DOL) has released three new opinion letters on the Fair Labor Standards Act (FLSA), addressing (1) travel time, (2) rest breaks under the Family and Medical Leave Act, and (3) lump sum payments as “earnings” subject to garnishment. For more, click here.

 

TAKE NOTE

Past Salary Cannot Justify Wage Differential Under Equal Pay Act

Overturning its decades-old precedent, the U.S. Court of Appeals for the Ninth Circuit has ruled that an employee’s past salary is not a “factor other than sex” that provides a legitimate basis for a wage differential under the Equal Pay Act. For more, click here.

Offering Employee Work Is Not FMLA Interference

The U.S. Court of Appeals for the Fifth Circuit held that an employer’s offer to the employee to perform some work from home in lieu of taking unpaid leave did not constitute interference with the employee’s rights under the Family and Medical Leave Act. For more, click here.

Employee May Be Fired for Prescription Drug Intoxication at Work

An employee who was intoxicated on a new prescription drug could be terminated for violating the company’s drug and alcohol policy, according to the U.S. Court of Appeals for the Eleventh Circuit. For more, click here.

Shortened Statute of Limitations for Arbitration Agreement Is Enforceable

The U.S. District Court for the District of Maryland held that an arbitration agreement containing a shortened one-year statute of limitations to file an arbitration claim over any employment-related disputes is enforceable, resulting in the dismissal of the employee’s lawsuit. For more, click here.

New Jersey Enacts Sick and Safe Leave Law and Expands Equal Pay Protections

New Jersey enacted two employment-related laws – one that requires employers to provide paid sick and safe leave and another that expands the protections of the already-existing equal pay law. For more, click here.

New York Enacts Sexual Harassment Laws

The recently-signed budget bill in New York imposes a number of sexual harassment-related obligations on New York employers. For more, click here.

TOP TIP: Shawe Rosenthal Exclusive – More from the DLLR on Earned Sick and Safe Leave

As you may know, Shawe Rosenthal has been closely monitoring the implementation of Maryland’s Healthy Working Families Act, which requires employers to provide earned sick and safe leave (SSL). Maryland’s Department of Labor, Licensing & Regulation has been issuing some guidance and FAQs on their website, but there are still many questions. For more, click here.