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Big Issues, Short Takes – May 2013

Author: Donna M. McMillan Date: 05/15/2013

Categories: Corporate and Business Law, Employment Law & Litigation, Real Estate Law

Independent Contractors – Construction

Many federal and state agencies are auditing employers to make sure they are properly classifying their workers as employees or independent contractors. A recent District of Columbia law, the Workplace Fraud Act, presumes that workers in the District of Columbia construction services industry are employees unless the employer can otherwise demonstrate that the work fits within the exceptions in the Act. This presumption was to be effective as of April 30, 2013. This new Act is a reminder that all employers should ensure that their employees are properly classified; otherwise, they face potential liability.

Employees – Personal Information

Virginia recently passed a law that prohibits employers from releasing certain personal identifying information about their current and former employees to third parties, including labor unions. Unless an exemption applies, an employer may not release its employees’ home or cell phone numbers, email addresses, shift times or work schedules. This law will be effective July 1, 2013.

Increase in Exemption from Recordation Taxes in Maryland– Indemnity Deeds of Trust

Also effective July 1, 2013, indemnity deeds of trust that secure less than $3,000,000 in guaranteed debt will be exempt from recordation taxes. This is an increase from the current exemption of recordation taxes which is for indemnity deeds of trust securing less than $1,000,000 in guaranteed debt. Regulations are expected to follow implementing the change.