Labor & Employment

What You Need to Know to Prepare for Maryland Sick Leave Requirements

February 8, 2018
By Nichole D. Atallah
Effective February 11, 2018, Maryland’s Healthy Working Families Act (the “Act”), Maryland’s sick leave law, will go into effect. Although Governor Larry Hogan had vetoed the measure, the Maryland General Assembly overrode the Governor’s veto on January 11, 2018, leaving employers scrambling to prepare for implementation. Following are some of the pertinent, key provisions from the Act that will guide employers in making appropriate policy changes.
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How to Tell Your Customer “Hands Off My Workforce!”: Understanding Your Rights as a Government Contractor

January 24, 2018
By Sarah L. Nash
I need this project completed by next week! We decided to move your offices down two floors. Can you work through the weekend? Most contractors are used to their government customers’ idiosyncratic preferences. Satisfying the customer’s needs is par for the course. But at what point does a government official’s overbearing nature change from inconvenient to impermissible?
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The Government Shutdown Top 10: Things You Should Know Before You Send Employees Home

January 18, 2018
By Nichole D. Atallah
With a possible federal government shutdown looming, many government contractors will face difficult employment decisions. If your company could be facing these decisions, keep in mind the following labor and employment issues that could expose the company to liability:
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And the False Claims Act Makes Three – 3rd Circuit Applies the More Employer-Friendly Title VII Retaliation and ADEA “But-for” Test in Determining Whistleblowing Retaliation Claim

January 17, 2018
By Paul W. Mengel III
She was a director of marketing for a drug company who had received a performance improvement plan to address issues related to her relationships with co-workers and supervisors. But she had also raised concerns about the company’s purported “off-label” use of drug products, which is the unapproved use of an approved drug or the use of a drug for purposes other than those that have been approved by the FDA. She eventually resigned and later alleged that she was constructively discharged in violation of Pennsylvania state law. She also asserted a claim that she had been retaliated against, in violation of the False Claims Act (“FCA”), for her protected whistleblowing activities with regard to the off-label activities.
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Intern or Employee? DOL Adopts Courts’ “Primary Beneficiary” Analysis for Determining When Your Unpaid Intern Will Be Deemed an Employee Under the FLSA

January 10, 2018
By Paul W. Mengel III
The use of unpaid interns is a common practice across many industries, especially in the D.C. Metro area. And the question recently addressed by the Ninth Circuit is not a new one: under what set of circumstances does an unpaid intern in the private sector cross the line and become an employee under the Fair Labor Standards Act (“FLSA”) and thus become entitled to compensation?
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