TOP TIP: Document! Document! Document!

All too often, an employer becomes frustrated with an employee’s continuing poor performance or conduct and wants to terminate – but lacks the documentation to establish the performance and conduct issues and to demonstrate that the employee was counseled about them. There are many reasons that managers give for the […]

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Webinar.

On Wednesday, March 1, at 12:30 p.m. Eastern time, Shelby Skeabeck will be presenting a Bloomberg BNA webinar, “Best Practices for Transgender Employees.” Along with her co-panelists, Shelby will be discussing this fast-developing area of law and will offer suggestions on best practices to benefit both employers and employees. This […]

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FCRA – Disclosure Requirements.

A recent case reminds employers of the importance of complying with the Fair Credit Reporting Act’s very technical disclosure requirements. As we previously discussed in our January 2016 E-Update’s Top Tip, the FCRA applies where an employer uses a third-party consumer reporting agency to conduct background checks (including criminal and credit […]

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FMLA – Posting Violation.

A Maryland federal court held that employees cannot sue their employer for failing to post the required Family and Medical Leave Act notice.  Employers who are covered by the FMLA are required to display in a “conspicuous” place a poster that informs employees of their rights under that law. In Antoine v. Amick […]

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FLSA – Emotional Distress Damages.

The U.S. Court of Appeals for the Fifth Circuit concluded that the Fair Labor Standards Act allows an employee to recover damages for emotional distress due to retaliation. The damages provision of the FLSA permits a retaliation victim to receive “legal or equitable relief,” including “employment, reinstatement, promotion, the payment […]

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DOL – Increased Penalties.

Less than six months after the Department of Labor increased the civil money penalties that can be imposed for violations of the laws that it enforces, it has announced additional increases. As we previously reported in our July E-Update, due to the passage of the Federal Civil Penalties Inflation Adjustment Act Improvements […]

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January 2017 E-Update

RECENT DEVELOPMENTS Fourth Circuit Expands Joint Employer Definition Under the Fair Labor Standards Act On January 25, 2017, the U.S. Court of Appeals for the Fourth Circuit (which covers Maryland, Virginia, West Virginia and the Carolinas) announced a new and expansive standard for determining if two legally separate entities are […]

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