Published: May 6, 2019

In an opinion letter released on April 29, 2019 the Department of Labor Wage and Hour Division (WHD) provided guidance on the standards for establishing an employment relationship in today's modern gig economy. In doing so, the WHD took a narrow view, and found that digital platforms that connect individual service providers to customers are better characterized as "referral services," than employers.

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Published: April 26, 2019

On Wednesday, April 24, 2019, the U.S. Supreme Court struck another blow to employees who seek to arbitrate class claims against their employer under employment arbitration agreements.  In a 5-4 decision, the Court ruled that class arbitration should not be allowed unless the arbitration agreement clearly authorizes class claims. 

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Published: April 25, 2019

Most New York employers know about the state's election leave law, but may have never thought much about it since hanging the required poster in the break or copy room. However, new changes passed by the state legislature will require employers to give this law their attention soon, and that poster will need an update.

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Published: April 23, 2019

A federal judge in the Eastern District of Pennsylvania dismissed a lawsuit last week where a former employee alleged that she was fired because she was a lesbian, in violation of Title VII of the Civil Rights Act.

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Published: April 22, 2019

On April 9, 2019, the New York City Council approved a bill which will prohibit employers from testing prospective employees for marijuana in a pre-employment drug test. While there are exceptions in the bill for safety sensitive positions and other specific types of employment, this bill demonstrates a change in pre-employment drug testing in New York City and employers should take note. The bill is expected to be signed into law by Mayor DeBlasio imminently. 

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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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