NLRB General Counsel Issues Guidance on Employee Handbooks

On June 6, 2018, the National Labor Relations Board General Counsel issued a Memorandum to its field offices with guidance on how to interpret whether employers’ workplace rules violate workers’ labor rights. The Memorandum directs the applicati… Read More
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Federal Court Rules that pregnancy - alone - is not a disability

A Federal Court has ruled that an employee cannot sue under federal law for discrimination based on her pregnancy, because pregnancy alone isn’t a “disability” under the law. In Arozarena v. Carpenter Co., 2018 BL 184934, E.D. Pa., No. 5:1… Read More
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Employee's Facebook Post Does Not Qualify as Complaint Under the FLSA

In Trigueros v. New Orleans City, 2018 BL 183305, E.D. La., 17-10960, the Court ruled that the plaintiff employee may not move forward with her claim that she was fired in retaliation for commenting on her lack of overtime pay on Facebook, because… Read More
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FMLA Claim Loses Due to Employer's Handbook

A recent Federal Court case demonstrates the advantage an employer enjoys by including FMLA notice requirements in its employment handbook.   In Everson v. SCI Tennessee Funeral Services, LLC, 2018 WL 1899368, (M.D. Tenn. Apr. 20, 2018), Plaintif… Read More
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Federal Court Allows Parties to Shorten Limitations Periods by Contract

In Bracey v. Lancaster Foods, LLC, No. RDB-17-1826, 2018 BL 112613 (D. Md. Mar. 30, 2018), the Maryland Federal Court reiterated the rule that statutory limitations periods may be shortened by agreement, so long as the limitations period is not unrea… Read More
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Plaintiff Survives Motion for Summary Judgment in FLSA Executive Exemption Case

Under the FLSA, an employee is exempt from overtime compensation as an “executive” if: (1) he is compensated on a salary basis at a rate of not less than $455 per week; (2) his primary duty is “management of the enterprise in which the… Read More
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The Maryland Healthy Working Families Act Is In Effect

The Maryland Healthy Working Families Act (“HWFA”) is now fully in effect. The House Economic Matters Committee voted down SB 304, an attempt to delay implementation of the HWFA. See our previous articles discussing the HWFA in detail. Read More
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Maryland Federal Court Asserts Jurisdiction Over Purported State Court Contract Claim

In Allied Fire Prot., Inc. v. Thai, No. PWG-17-551, 2017 WL 4354802, at *1 (D. Md. Oct. 2, 2017), the plaintiff employer filed suit against its former employee in the Circuit Court for Prince George’s County, alleging four causes of action:… Read More
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Senate Finance Committee Unanimously Votes to Postpone the Maryland Healthy Working Families Act

Today, the Senate Finance Committee voted unanimously to delay the enforcement of the Maryland Healthy Working Families Act (“HWFA”). The HWFA was supposed to to go into effect on February 11, 2018, however, the Senate Finance Committee v… Read More
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Fourth Circuit Court of Appeals Affirms District Court's Denial to Enforce Arbitration Agreements

The Federal Arbitration Act (FAA) adopted a liberal federal policy favoring arbitration agreements.  The FAA recognizes that arbitration is an expeditious way to resolve disputes and conserve judicial resources.  It accordingly requires that courts… Read More
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