Published: April 2, 2019

On March 28, 2019, the General Assembly overrode the gubernatorial veto to enact the Minimum Wage Act, which raises Maryland’s minimum hourly wage to $15.00 by 2025. Maryland now becomes the sixth state to enact a $15.00 hourly minimum wage. It is estimated that around 570,000 Maryland workers (about 22 percent of the state’s workforce) will receive a raise under the new law.

The annual raises in minimum wage are:

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Published: March 28, 2019

On March 27, 2019, the New Jersey Appellate Division reversed the lower court’s dismissal of a complaint that alleged discrimination based on an employee’s use of medical marijuana. In doing so, the Appellate Division held that employers may be required to accommodate an employee’s use of medical marijuana. Accordingly, employers should take note of this decision in New Jersey regarding an employee’s medical marijuana use and the interplay of the New Jersey Law Against Discrimination and the New Jersey Compassionate Use Medical Marijuana Act.

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Published: March 20, 2019

Over a year after its initial introduction, and after enough time to draw speculation (and perhaps some dust) on Governor Murphy’s desk, the Governor has signed Bill S121 into law.  The primary function of the law, which passed the Senate in June of 2018 with a near-unanimous 34-1 vote, is to prohibit and render unenforceable non-disclosure agreements in employment contracts or settlement agreements that conceal details of discrimination, retaliation or harassment claims.

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Published: March 19, 2019

The Family and Medical Leave Act (FMLA) entitles eligible employees of covered employers to take up to 12 weeks of unpaid, job-protected leave per year for specified family and medical reasons. It is the employer’s obligation to designate leave as FMLA-qualifying. The employer must provide notice to the employee within five business days after the employer has information to determine that the leave is being taken for a FMLA-qualifying reason. 

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Published: March 14, 2019

On March 1, 2019, the New York State Department of Labor announced its withdrawal of proposed predictive scheduling regulations, which comes as a relief to businesses state-wide. Two years ago, the Department announced its intent to adopt predictive scheduling regulations. In 2018, the Department issued revised proposed regulations regarding “call-in” scheduling. The regulations aimed at limiting "on-call" scheduling practices and provided employees premium pay if shifts were changed and/or canceled.

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Published: March 11, 2019

On March 4, 2019, a federal court sanctioned a company for interviewing warehouse workers to obtain declarations in support of its opposition to an FLSA opt-in collective and PA Minimum Wage Act class action certification where there were no plaintiff’s attorneys present for the meetings. Because Pennsylvania law treats potential class action members as represented parties until the court decides whether to certify the class, the communications between the defense attorneys and workers violated the state Rules of Professional Conduct.

The Facts

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