Published: February 20, 2018

So-called “gig economy” employers rejoiced on February 8, 2018, when, in Lawson v. Grubhub, Inc., Case No. 15-cv-05128-JSC, U.S.

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Published: February 16, 2018

On February 15, 2018, the Economic Matters Committee of the Maryland House of Delegates voted 12-11 to reject a bill that would have delayed the implementation of Maryland’s new sick and safe leave law, known as the Maryland Healthy Working Families Act, until July 1, 2018. Advocates of delaying the implementation sought more time for employers and the State to prepare for the significant changes in leave policies. Instead, the law, which had already gone into effect on February 11, 2018, will remain in effect as is.

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Published: February 2, 2018

On January 29, 2018, in Tze-Kit Mui v. Massachusetts Port Auth., No. SJC-12296 (Mass. Jan. 29, 2018), the highest court in Massachusetts ruled that accrued, but unused, sick leave does not constitute “wages” under the state’s Wage Act. In so holding, the Court vacated the decision of the lower court that required an employer to pay a departing employee for his unused sick leave.

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Published: January 31, 2018

The National Labor Relations Board (“NLRB”) is reconsidering the future of 29 C.F.R. 101, 102, commonly referred to as the “2014 Election Rule,” “Ambush Election Rule,” or “Quickie Election Rule.”

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Published: January 22, 2018

Now former New Jersey Governor Chris Christie spared no expense on ink his last day in office when he signed over fifty bills into law covering a wide array of topics with far reaching impact on the state. Of equal importance are bills he chose not to sign, utilizing his “pocket veto” on over forty additional pieces of legislation that had made to his desk. By not acting on these bills, he functionally vetoed them as they must now begin their journey to the Governor’s desk anew.

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Published: January 19, 2018

On Friday, January 12, 2018, the Maryland General Assembly enacted the Maryland Healthy Working Families Act over Governor Larry Hogan’s veto. Under the new law, employers with more than 15 full-time employees must provide their employees up to 40 hours of paid leave annually, which is earned at the rate of 1 hour of leave for every 30 hours worked. The law further permits employees to carryover a maximum of 40 hours of unused leave each year, but limits their use of the leave to no more than 64 hours in a single year.

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Published: January 16, 2018

Employers and employees alike may see big changes in the upcoming year regarding state laws dealing with sexual assault and harassment in the workplace. Following the allegations against former film producer Harvey Weinstein and the rise of the #MeToo movement, the legislative floodgates have opened as a number of states have proposed bills attempting to eliminate sexual harassment in the workplace.

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Published: January 12, 2018

Effectively immediately, New Jersey employers are prohibited from discriminating against employees because they choose to breastfeed. Governor Christie signed S. 2709, bringing New Jersey breastfeeding protections in line with 17 other states that have enacted similar civil rights protections to breastfeeding employees.

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Published: January 9, 2018

On January 5, 2018, the U.S. Department of Labor (“DOL”) abandoned its six-factor test for assessing whether a worker is an intern or an employee, for purposes of coverage under the Fair Labor Standards Act (“FLSA”). The six-factor test was conjunctive, and difficult to apply—particularly the factor that the employer gains “no immediate advantage from the activities of the intern.”

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