Maryland’s highest court has ruled that the federal Portal-to-Portal Act has not been adopted or incorporated into Maryland’s Wage and Hour Law, Wage Payment and Collection Law, or the corresponding state regulations – meaning that employers may be responsible for
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The EEOC Updates Its COVID Guidance for Employers – Testing, Accommodations, Direct Threat and More
I know we’re all tired of COVID-19, and many of us are just pretending that life has returned to normal. But, just as the darned variants continue to evolve, so does the Equal Employment Opportunity Commission’s What You Should Know…
Employers – Don’t Automatically Assume Prescription Meds Pose a Danger in the Workplace
Have you read the warnings on prescription painkillers? They can be pretty scary – “May cause drowsiness.” “May cause dizziness.” “Do not operate a car or dangerous machinery.” (Or words to that effect). I think by now, everyone is aware…
Reasonable Accommodations Don’t Just Start at the Office Door…
When considering a request for reasonable accommodation under the Americans with Disabilities Act, many employers focus on what will enable an employee to perform the essential functions of their job. But the reasonable accommodation obligation is actually broader than that.…
Extraordinary Workplace Misconduct: Perhaps Firewalking Is Not the Best Team-building Activity…
As reported in the New York Times, more than two dozen employees were injured last week during a team-building activity in which they walked over hot coals in their bare feet (?!!!). The Times described that “Ten ambulances, two…
Maryland Employers: Your Sexual Harassment Disclosure Survey Response Is Due by July 1, 2022
Under a 2018 law, Maryland employers with 50 or more employees are required to submit a report by July 1, 2022 to the Maryland Commission on Civil Rights regarding any sexual harassment settlements during the past two years.…
Hotel Did Not Need to Bargain Over Puffier Pillows, says NLRB…
In today’s episode of “They Really Made a Federal Case Out of That?” the National Labor Relations Board (the “Board”) rejected a union’s claim that a hotel employer was obligated to bargain its decision, or the effects of its decision,…
The EEOC Speaks: Pay Discrimination – Barriers and Suggested Actions
In this third (and final) post of our mini-series based on the Equal Employment Opportunity Commission’s pay discrimination article, we’ll take a look at the barriers to pay equity identified by the EEOC and their suggestions for preventing pay…
The EEOC Speaks: Pay Discrimination – Intersectionality and Sex-Plus
In my first blog post in this little series based on the Equal Employment Opportunity Commission’s article “In Pursuit of Pay Examining Barriers to Equal Pay, Intersectional Discrimination Theory, and Recent Pay Equity Initiatives,” I covered the EEOC’s…
The EEOC Speaks: Pay Discrimination – the EPA v. Title VII
So, as you may or may not know, I periodically review the Equal Employment Opportunity Commission’s quarterly Digest of Equal Employment Opportunity Law for fun. (I know, I need a better hobby). Among the summaries of recent EEOC decisions and…