As the pandemic wears on and effective vaccines roll out to many adults, employers and employees are hoping to stop wearing masks in the workplace. To reduce labor risks, we advise employers to keep a workplace mask policy in place, remind all employees that the policy remains in effect, and directly address employees who do…READ MORE
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Employers, schools, and real estate developers should take note of a new Executive Order issued on Inauguration Day which gives an expansive reading to last summer’s Supreme Court decision in Bostock v. Clayton County. In Bostock, conservative Justice Neil Gorsuch writing for a 6:3 majority held that Title VII’s prohibition on employment discrimination “because of…READ MORE
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With the blurring between remote work and home life due to the ongoing pandemic, some employers are seeing an uptick in the workplace effects of domestic violence. Fortunately, many of the tools to effectively and compassionately manage such concerns are already found in most employee handbooks. Businesses can and should proactively minimize the effects of…READ MORE
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It was a relief when Pfizer and, then Moderna, released that they had both developed an effective Covid-19 vaccine. We saw a light at the end of the tunnel. The state and local governments have released plans for the roll-out of the vaccines to those populations most in need, starting with health professionals, first responders,…READ MORE
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As we begin 2021, we are still faced with Covid-19 affecting every part of our lives. While hope is on the horizon as vaccines are being produced and distributed, we must continue to proceed thoughtfully as we face these challenges. Besides the changes that the vaccine will bring, there are several important updates from the…READ MORE
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As the United States (and many parts of the world) experiences a new rise in Covid-19 cases, Maryland Governor Hogan, by Executive Order, and Montgomery County have implemented new restrictive orders, effective November 10th, to strive to flatten the curve. These orders will affect many businesses throughout the state and will likely impact your actions…READ MORE
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The end-of-year giving cycle can make or break the revenue projections for nonprofits which rely on donor gifts to support valuable programming and staffing. Given a tumultuous and unpredictable year, which has disrupted office routines and sometimes re-focused efforts to “critical” work, it is even more important that your organization comply with state charitable giving…READ MORE
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As everyone is adjusting to working and living with Covid-19, we must not forget that the governments are continuing to enact laws that affect employers. While we have previously provided updates for Maryland and Virginia employers, the District of Columbia has also recently enacted several important updates to its employment laws: Time Off to Vote. …READ MORE
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By now, most business owners have read the emerging scientific news that the COVID-19 pandemic may linger for one to three years. Alongside this “lengthening” of the curve, the media is filled with coverage of the political, social and economic pressure to re-open and significant concerns from employees that their workplaces will not be safe…READ MORE
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Even though employers are busy adjusting, evolving, and pivoting their policies due to the constantly changing effect of the Coronavirus pandemic, Virginia employers must also ensure they are complying with new employment laws that will be effective on July 1, 2020. Many of these laws have significant penalties for non-compliance from by the employee and…READ MORE
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Re-opening your business is the hot topic as local and state governments relax COVID-19 shelter in place orders. Regardless of industry, most small businesses need to address core labor issues and evaluate what additional industry-specific concerns should be addressed. Both valid and specious employment claims are already on the rise due to a combination of…READ MORE
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While much of the recent Maryland Legislative session was consumed with the coronavirus crisis, several pro-employee bills were passed. These bills address race discrimination, sex discrimination, pay equity, and wage transparency. All will become effective October 1, 2020 without the signature of Governor Hogan, who declined to hold any bill signing ceremonies this month. The…READ MORE
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A recent Supreme Court decision in Babb v. Wilkie has eased the burden of proof for federal employees to prove discrimination under the Age Discrimination in Employment Act (“ADEA”). Getting relief is still challenging for employees no matter where they work, nonetheless, with a contracting economy, an uptick of age discrimination claims is expected in…READ MORE
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Now that Maryland is beginning to relax its shelter in place order and other local jurisdictions will likely follow suit, business owners need to begin planning for re-opening so that it can be done in a safe and effective way. Over the next few weeks, we will be publishing a series of articles that are…READ MORE
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The state legislature is betting the answer for Maryland companies and nonprofits is “yes” and has modified the state’s tax law to require gender representation data to be reported by most companies and larger non-profits on annual business tax returns. Citing a long list of corporate reports, the legislation concludes that the state has a…READ MORE
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Of all the questions which we are receiving from clients these days, “force majeure” is the one that can be hardest for clients to grasp and lawyers to give definitive answers on. Although little known and seldom used, this legal concept can be tremendously helpful to prevent a costly contract dispute when a party cannot…READ MORE
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All of us who are trying to figure out how best to help our companies survive and perhaps even thrive in the coronavirus crisis should be sure to review and evaluate the insurance policies we carry to protect our companies from unexpected loss. While none of us fully understand the extent of what the current…READ MORE
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Emergency legislation has made unemployment benefits an important financial lever for small businesses faced with closing the margin between expenses and revenues. Labor costs often make up more than half of gross sales for service businesses, so payroll is one of the first places many owners are looking to be able to manage through the…READ MORE
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An information page for the Montgomery County Public Health Emergency Grant Program (PHEG) went live this week. Local businesses, including for-profit and not-for-profit organizations, may be eligible for grants of up to $75,000 from a $20 million fund. $5 million is reserved for restaurants and retail establishments. The catch is that local businesses must show…READ MORE
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We are now living in a profoundly new world where many workplaces are being transitioned to teleworking with limited planning or time to test systems. This rapid shift brings challenges that must be addressed and resolved from both a legal and operations standpoint. Confidential Information and Data Privacy Issues. One of the major issues is…READ MORE
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Last week, the federal government enacted the CARES Act. It provides economic relief to Americans both as individuals and businesses. While the Act contains a variety of tax, loans and other measures, the following programs are of particular interest to employers and small businesses: Payroll Protection Program. In part, this law allows small and mid-sized…READ MORE
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As the number of Covid-19 infections rise, the federal, state, and local governments are taking more drastic actions to protect and support the public during this time. The following updates summarize major changes that affect employers in the DMV: 1.Families First Coronavirus Response Act. The FFCRA became effective April 1, 2020. All employers, even those…READ MORE
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Another week has passed during the Covid-19 pandemic, and we have seen the DMV governors close all non-essential businesses, schools closing for another month or even the rest of the school year, the legislatures are working to provide relief to employers and employees. The number of positive cases rise even as we wait with baited…READ MORE
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As our governments on the federal, state and local levels respond to the COVID-19 pandemic, the small businesses at the heart of the economy are quickly feeling the impact of each new restrictive measure designed to “flatten the curve.” Fortunately, new relief programs for small businesses are rolling out at every level of government. We…READ MORE
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On March 18, 2020, President Trump signed into law the Families First Coronavirus Response Act. The important part for employers is it enacts temporary measures requiring employers with fewer than 500 employees to provide paid sick leave and family leave for those directly affected by COVID-19. It is important to note that these measures are…READ MORE
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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? As you are considering this action,…READ MORE
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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. In the last week alone, we have seen the following: The federal government is requiring paid sick leave and family leave to some employees. The EEOC…READ MORE
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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,…READ MORE
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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…READ MORE
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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…READ MORE
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We often hear from frazzled business owners about routine contracts gone wrong. What seemed like a simple service agreement has gone south. They want their money back, or at least cut their losses, but when they call to cancel the contract, they learn they are stuck. All too often, what the service representative told them…READ MORE
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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…READ MORE
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The new Maryland employer survey for reporting sexual harassment settlements is now open on the website of the Maryland Commission on Civil Rights (MCCR). Context Maryland was one of the 32 state legislatures to consider #MeToo legislation in the 2017-2018 legislative cycle. Across the country, approaches to addressing workplace harassment include restricting confidentiality agreements, restricting…READ MORE
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