Employment Law – Preparing for 2014: The Maryland Perspective October 16, 2013 Julie Reddig Lerch,...

Employment Law – Preparing for 2014: The Maryland Perspective

October 16, 2013

Julie ReddigLerch, Early & Brewer, Chtd.

www.lerchearly.com

Montgomery County Chamber of Commerce Small Business Committee

© Lerch, Early & Brewer, Chtd. 2013 www.lerchearly.com

3 New Maryland Employment LawsLien for Unpaid Wages ActReasonable Accommodations for Pregnant Workers ActDeployment of Family Members in the Armed Services Act

Today’s Update

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Lien for Unpaid Wages Act

Employee lien against real and personal property for alleged unpaid wages

Includes penalties - $$$ Speedier resolution of wage

claims Puts pressure on employers

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What Can I Do Now?

Review job descriptions re “exempt”

Ensure senior management understands need for immediate action

Consider company-wide timesheets

Update timesheet language4


Reasonable Accommodations for Pregnant Workers Act Requires employer to provide

“reasonable accommodation” absent “undue hardship”

Creates obligations beyond ADA Applies to MD employers with 15

or 15 or more employees

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Reasonable Accommodation

Changing employee’s job duties Changing employee’s work hours Relocating employee’s work area Providing mechanical/electrical

aids Providing leave Transferring employee to less

strenuous/hazardous position6


What Can I Do Now?

Train supervisors to bring request to HR/management IMMEDIATELY

Revise employee handbook Review temporary disability

policies

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Deployment of Family Members in the Armed Forces Act Must allow certain employees

with one day of leave on the day immediate family member leaves for or returns from active duty outside the U.S. as a member of the U.S. Armed Forces

Employers with 50 or more employees

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Eligibility

Worked for employer for previous 12 months and worked 1,250 hours in previous 12 months

Immediate family member = spouse, parent, stepparent, child, stepchild, or sibling

Cannot require employee to use comp, sick or vacation leave

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What Can I Do Now?

Revise leave policies and tracking procedures

Train managers so they can let employees know they may be eligible

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MCCC Small Business Member MeetingOctober 16, 2013

PREPARING FOR 2014: THE FEDERAL PERSPECTIVE

888 17th Street, NW, 11th Floor

Washington, DC 20006Tel: (202) 857-1000 Fax: (202) 857-0200

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LEGISLATIVE: AND OUT OF CONGRESS?


A.Budget/Contract Disruptions

• Workforce strategic planning

• Reductions in force

• Wage and Hour

B. Affordable Care Act

• Assume its here to stay

• Long Term Benefit Planning

B. Immigration Reform

• Advocacy


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JUDICIARY: THE SUPREMES


A.DOMA

•Windsor

B.Title VII

•Ball State

•Nassar

C.Arbitration

•American Express


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EXECUTIVE: THE PRESIDENCY AND ITS AGENTS


A.Investigations

B.EEOC Guidance

C.OFCCP Rules

D.Non-displacement of Service Workers

E.NLRB


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HOW TO PREPARE?


A.Update Handbook

B.Employment Documents

C.Training

D.Seek Assistance

E.Invest Time


QUESTIONS?

Julie Reddig

(301) [email protected]

Lerch, Early & Brewerwww.lerchearly.com

Nicole DeVries

(202) [email protected]

PilieroMazza PLLCwww.pilieromazza.com

Employment Law – Preparing for 2014: The Maryland Perspective October 16, 2013 Julie Reddig Lerch,...

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