Paley Rothman shares this library of resources with clients and friends of the firm to help them stay ahead of legal and business developments and trends. Here, you will find helpful tips and tools written by our attorneys. The information in the blogs and articles is not a substitute for legal advice and should not be relied on as such. Should you have any questions or want legal advice, please contact the attorney who wrote the blog or article.
Last week, [January 21, 2016] a U.S. District Court judge in Virginia upheld a jury verdict in favor of a terminated HR director who claimed her employer unlawfully interfered with her rights under the Family and Medical Leave Act (FMLA) and then retaliated against her when she requested leave for psychological distress.
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Employer Takeaway: Employment handbook provisions restricting the content or method of employees’ communications with co-workers about their employment may constitute an unfair labor practice. Employers should review these policies to ensure that they cannot be interpreted as restricting the ability of employees to discuss the terms and conditions of employment. Any restrictive provisions should be connected to a business justification and be tailored to address that justification.
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Employer Summary: Under a new law, employers hiring in D.C. may not test applicants for marijuana usage until after the applicant receives a conditional offer of employment for the position. Along with D.C.’s recent “ban the box” law on criminal background checks, this new enactment may require employers to adjust their application and hiring processes.
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On July 16, 2015, the U.S. Department of Labor (DOL) Wage & Hour Division Administrator issued “Administrator’s Interpretation 2015-1” (AI) on the application of the Fair Labor Standards Act (FLSA) for identification of workers who are misclassified as independent contractors.
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Overview: The current changes proposed by the DOL are significant and can have an extensive financial impact. Supporters of the change argue that increasing the thresholds will raise salaries for millions of workers now considered exempt by mandating overtime pay for them.
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