Due to our current global pandemic, employers are faced with very difficult decisions as the government further restricts movement and closes businesses in an effort to contain the community spread of Covid-19. One of these questions is – should I shut my doors and temporarily lay off my employees?
From day to day, hour to hour, as our government responds to the COVID-19 pandemic, our laws change. Some are relaxed, others are altered, and new ones are added.
By now you have been hearing a lot about the Coronavirus (Covid- 19), which has spread to the United States from other parts of the world. While the Center for Disease Control and Prevention has stated that this is not yet a pandemic, it is important that you plan now on how to protect yourself, your employees, and your business from the impact of this virus. You should not panic, but you should be prepared for a potential emergency of unknown scope and length.
On December 15 2020, the D.C Council joined a growing number of other jurisdictions that have enacted legislation limiting the use of non-compete agreements. The new law, known as the “Ban on Non-Compete Agreements Amendment Act of 2020 (the “Act”), effectively prohibits employers from entering into, or enforcing, non-compete agreements. The Act will still require Congressional approval before it officially goes into effect.
Many employers routinely include mandatory arbitration agreements for resolving employment disputes with their employees. To the surprise of many employers, such clauses are often ruled invalid. To help assure that your agreement requiring arbitration of employment disputes is enforceable, be aware of the following factors:
Recently, we have learned that our clients are receiving letters from the Social Security Administration indicating that the Social Security Numbers submitted with payments for FICA and, presumably, Medicare, do not match. This often may involve an undocumented worker; however, it could simply mean a clerical error. The employer who receives a no-match letter stands on a border between knowingly complying with the Immigration Act of 1986, which requires the documentation of all employees by completion of an I–9 and, on the other side, a requirement that employers may not discriminate on the basis of origin.
On July 1, 2019, the Universal Paid Leave Amendment Act of 2016 went into effect and applies to all employers, who have employees that work at least fifty percent (50%) of their time in the District of Columbia or work substantially in the District of Columbia and do not work more than 50% of their time in another jurisdiction (“Covered Employees”). This law will grant Paid Family Leave to Covered Employees. It is important to take steps to comply now with this new law. There are two important dates to remember as this law is being implemented in stages.
Lately, the news has been filled with stories about women forced to settle sexual harassment claims through severance agreements. Many of those agreements are perceived as oppressive because they suppress the victim’s rights to tell her story and fail to inform other actual or potential victims that a company has retained a bad actor after repeated complaints were quietly settled.
The legalization of medical marijuana is ever increasing with 33 states now permitting the use of medical marijuana, including Maryland. Yet, Maryland has not passed employment protections for users into its medical marijuana laws. As a result, Maryland state law conflicts with federal law, leaving employers and workers scrambling to determine how to protect themselves when faced with questions of drug testing, performance, accommodations, and leave. For now, Maryland employers can still discipline employees for being under the influence at work and for failing a drug test if the employer has a strong workplace drug policy. Maryland employers are not required to accommodate an employee on the basis of a medical cannabis ID card, but should be cautious to engage in an interactive process before any outright denial of a request for accommodation.