Supreme Court’s Upcoming Decision on FLSA Exemption: Financial Impact on Employers
The U.S. Supreme Court is about to rule on a critical issue regarding the evidentiary standard employers must meet to classify employees as exempt from the Fair Labor Standards Act’s (FLSA) overtime requirements. The Fair Labor Standards Act (FLSA) establishes minimum wage, overtime pay, recordkeeping, and youth employment standards affecting private, federal, State, and local…
Navigating Uncertainty: FTC’s Ban on Noncompete Agreements Faces Divided Federal Rulings
The legal landscape surrounding noncompete agreements has recently become more complex following conflicting rulings from federal courts. On July 23, the U.S. District Court for the Eastern District of Pennsylvania declined to halt the Federal Trade Commission’s (FTC’s) ban on noncompete agreements. This decision contrasts sharply with a ruling from the U.S. District Court for the Northern District of…
New Government Proposed Heat Protection Rules: What Maryland Small Business Owners Need to Know
The Biden-Harris Administration recently announced a proposed rule to protect indoor and outdoor workers from the dangers of extreme heat. This significant step, spearheaded by the U.S. Department of Labor’s Occupational Safety and Health Administration (OSHA), has broad implications for businesses nationwide, including those in Maryland. The Proposed Rule: A Brief Overview The proposed rule is designed to safeguard approximately…
The Supreme Court Overturns Chevron: Benefits for Small Business Owners
The recent Supreme Court decision to overturn the Chevron doctrine marks a pivotal shift in administrative law. It significantly impacts federal regulatory power and creates many new opportunities for small business owners. Background: Chevron Doctrine and the Case The Chevron doctrine, established in the 1984 Supreme Court case Chevron U.S.A., Inc. v. Natural Resources Defense Council, Inc.,…
Navigating AI in the Workplace: Key Issues for Employers
As advancements in artificial intelligence (AI) revolutionize the workplace, it’s crucial for employers to understand the legal and ethical implications. Here’s a guide to some of the key AI-related issues you should be aware of to ensure compliance and fairness in your business operations. Bias and Discrimination:AI can inadvertently perpetuate biases, leading to unfair hiring…
Deciphering Trade Secrets: What Qualifies as Confidential Information in Your Business?
In the competitive business landscape, maintaining a competitive edge often hinges on safeguarding valuable assets. Among these assets are trade secrets – confidential information that provides a distinct advantage to companies. Understanding what constitutes a trade secret is paramount for businesses aiming to effectively protect and leverage these assets. In this article, we’ll discuss trade…
How Does the New NLRB Rule Change on Joint Employers Impact Subcontractors
The New NLRB Ruling on Joint Employers for 2024 The National Labor Relations Board (NLRB) recently finalized a significant rule change regarding the Standard for Determining Joint-Employer Status. Effective December 26, 2023, the new NLRB rule represents a seismic departure from previous standards, promising far-reaching implications for labor relations and legal obligations. But what does…
The Challenge of Writing up Employees—and How to Do a Better Job at It
Our clients recognize how important it is to write up employees when situations call for it. Yet, most companies struggle terribly with getting supervisors actually to fill out a disciplinary form when a problem arises with an employee. Why is that? And what can employers do to fix it? The most common explanation we hear…
A Renaissance for Private-Employer Unions – Real or Fake News?
Depending on where you get your news, you might think that unionization at private employers is experiencing a drastic rise. Nearly every week, news articles highlight unionization efforts at high-profile companies like Starbucks, Amazon, and Mcdonald’s. Despite being only three-quarters of the way into FY22, union election petitions for FY22 have already exceeded the total…
Maryland Law Makes It Easier for Employees to Win Sexual Harassment Lawsuits
All employers know that maintaining a workplace that is free from sexual harassment is the right thing to do. A harassment-free workplace shows respect for all employees at work and creates a safe work environment. It also happens to be good for business. Complaints of sexual harassment are unsettling, distracting, time-consuming, and expensive. But from…