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 This legislation overturns the unpublished decision in Catapult Technology LTD v. Wolfe, in which the Maryland Court of Special Appeals rejected this previously well established rule.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.