We issue E-Lerts to our clients
via e-mail to summarize new developments.
Genetic Nondiscrimination Act Poised To Become Law
On May 1, 2008, the Genetic Information Nondiscrimination
Act (GINA) (H.R.493)
cleared both houses of Congress by overwhelming votes and
is on its way to the President's desk. The President is
expected to sign the bill into law as early as Monday, May
5. For more, click
here.
Maryland Enacts Leave Payout Law
Today, in a rare victory for employers, the Governor signed
legislation enabling Maryland employers, by written policy,
to control by policy whether and when the value of accrued,
unused leave will be paid to a departing employee at termination
of employment. This legislation overturns the unpublished
decision in Catapult Technology LTD v. Wolfe, in
which the Maryland Court of Special Appeals rejected this
previously well established rule. For more, click
here.
District of Columbia Passes Law Requiring
Employers To Pay Sick Leave
On March 4, 2008, the D.C. Council passed the Accrued Sick
and Safe Leave Act of 2008 (“ASSLA”) becoming
only the second city in the U.S., after San Francisco, to
enact such a law. For more, click
here.
U.S. Supreme Court Holds "Me Too"
Evidence May Or May Not Be Admissible In A Given Case
On February 26, 2008, the U.S. Supreme Court ruled in Sprint
v. Mendelsohn that, in the trial of an employment discrimination
claim, the testimony of other employees who claim to have
been subject to discrimination (so-called “me too”
evidence) may or may not be admissible, depending on the
facts of the case. Thus, the Court did not provide a definitive
test to resolve the issue. For Facts of the Case, The Court’s
Ruling and Lessons Learned, click
here.
DOL Issues Proposed Revisions To FMLA
Regulations And Requests Comments On Military Family Leave
On February 11, 2008, the DOL issued proposed revisions
to the Family and Medical Leave Act (“FMLA”)
regulations and also requested comments on issues related
to the recent enactment of the National Defense Authorization
Act of 2008, which amends the FMLA to provide for military
family leave. For more on the DOL's proposals, click
here.
New Law Expands FMLA Rights
For Families Of Armed Forces Members
On January 28, 2008, President Bush signed the National
Defense Authorization Act for Fiscal Year 2008, which contains
amendments to the Family and Medical Leave Act. Section
585 of the defense bill contains two main provisions expanding
the FMLA. For more, click
here.
Maryland's Clean Indoor Air
Act Prohibits Smoking In All Indoor Work Areas
- Effective February 1, 2008, employers in Maryland must
prohibit smoking in all indoor places of employment, including
employee lounges and restrooms. Unlike previous regulations
applying to employers, the Maryland’s
Clean Indoor Air Act of 2007 and its implementing regulations
do not permit employers to designate certain indoor smoking
areas. All smoking indoors is prohibited. For more, click
here.
New Year Begins With New
Personal Information Protection Law In Maryland
- Effective January 1, 2008, all Maryland businesses –
both for-profit or not-for-profit – will be obliged
to ensure that personal information of Maryland residents
in their possession and the possession of third-party vendors
is adequately protected. The law will also require that
individuals be notified of a breach of security jeopardizing
their personal information. For more, click
here.
NLRB Limits
Employee Use of Employer E-mail Systems for Union Purposes
- On December 16, 2007, the National Labor Relations Board,
in a 3-2 ruling, gave a major victory to employers by holding
that employers may prohibit employees from using its e-mail
system for any “non-job-related solicitations,”
including union-related communications. In so holding, the
NLRB provided long-awaited clarification to employers and
employees regarding the use of e-mail systems, and delivered
a setback to unions who viewed e-mail systems as an open
forum for employees to discuss their concerns. For Facts
of the Case, The NLRB’s Ruling and Lessons Learned,
click
here.
USCIS Issues A Revised
I-9 -
November 13, 2007
- On November 7, 2007, U.S. Citizenship and
Immigration Services (USCIS) released a revised Form I-9
and a related updated Handbook for Employers, Instructions
for Completing the Form I-9. The revised form must be used
by employers no later than December 7, 2007 at which time
the existing form will no longer be acceptable. To learn
more, click
here.
Maryland Court Holds Accrued
Leave Must Be Paid Out Upon Termination
- September
7, 2007 - The Maryland Court of Special Appeals,
in an unreported decision, rejected the previously well
established rule in Maryland that employers may, by policy,
deny payment for accrued, unused leave at termination. Although
unreported decisions are technically not binding authority,
lower courts are likely to follow the decision anyway, unless
it is reversed by the Court of Appeals. Failure to pay accrued
vacation due at termination without any bona fide dispute
permits a jury to award treble damages and attorneys’
fees. For Facts of the Case, The Court’s Ruling and
Lessons Learned, click
here.
Federal Court Halts The Implementation
Of Department of Homeland Security's "No Match"
Regulation
September 7, 2007 - In response to a lawsuit filed by the
AFL-CIO and other labor organizations, a federal judge in
California has issued a temporary restraining order delaying
the implementation of the Department of Homeland Security’s
(“DHS”) “no-match” regulation. To
read more about the DHS regulation, see an explanation in
our August
E-Update. In addition to delaying the implementation
of the regulation, the judge's order also puts a hold on
the Social Security Administration’s (“SSA”)
plan to send revised no-match letters and guidance regarding
the regulation to approximately 140,000 employers across
the country. The regulation had been scheduled to become
effective on September 14, 2007. The Court has scheduled
a hearing on October 1 to determine whether to make the
restraining order permanent. According to the AFL-CIO, DHS
has exceeded its authority because DHS improperly seeks
to use the Social Security Administration’s confidential
information as tools for the enforcement of immigration
laws.
U.S.
Supreme Court Unanimously Upholds Companionship Services
Exemption - June
11, 2007 - the U.S. Supreme Court, in Coke
v. Long Island Care at Home, Ltd, upheld the U.S. Department
of Labor’s regulations exempting from minimum wage
and overtime certain persons “employed in domestic
service employment to provide companionship services for
individuals” who are “unable to care for themselves.”
For more, click
here.
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