Labor and Employment

Maryland is set to join a growing number of states banning so-called “captive audience” meetings, in which employers require their employees to hear their views on political or religious matters, including membership in a labor union.  If signed by Governor Wes Moore, the law will be effective October 1, 2026.

Maryland’s SB 417

Maryland’s SB 417 makes it unlawful for an employer to discharge, discipline or otherwise penalize an employee (or threaten these actions), because the employee declines to attend, participate in, or listen to the employer’s communications on political or religious topics in an employer-sponsored meeting. … Continue Reading

On February 27, 2026, the U.S. Department of Labor (DOL) released a proposed rule addressing employee versus independent contractor status under the Fair Labor Standards Act (FLSA). The proposed standard will also apply to employee classification under the Family and Medical Leave Act (FMLA) and Migrant and Seasonal Agricultural Worker Protection Act (MSPA).… Continue Reading

Following acting chair Andrea Lucas’s earlier pledge to more aggressively enforce civil rights laws against employers who disadvantage U.S. workers, the U.S. Equal Employment Opportunity Commission (EEOC) has released a new Technical Assistance document cautioning companies that preferring H-1B visa holders may constitute unlawful national origin discrimination under Title VII of the Civil Rights Act.… Continue Reading

The Fourth Circuit recently reminded employees of their shared obligation to participate in the interactive process with their employer when requesting a reasonable accommodation under the Americans with Disabilities Act (“ADA”). The case, Tarquinio v. Johns Hopkins University Applied Physics Lab, No. 24-1432 (4th Cir. 2025), makes clear that employees must provide their employers with requested documentation and information where the connection between their disability and its limitations on their work is not obvious. … Continue Reading

The U.S. Department of Labor (DOL) announced several self-audit programs to assist employers, unions, and benefit plan officials with voluntarily assessing and correcting their compliance with federal labor laws. One of those programs is the Wage and Hour Division (WHD) Payroll Audit Independent Determination (PAID) program. The PAID program encourages employers to self-identify and resolve minimum wage and overtime violations under the Fair Labor Standards Act (FLSA), and certain leave violations under the Family and Medical Leave Act (FMLA).… Continue Reading

On May 27, 2025, Philadelphia Mayor Cherelle Parker signed the Protect Our Workers, Enforce Rights Act (POWER Act). The ordinance, found here, aims to enhance protections related to paid sick leave, wage theft, and domestic worker rights. The POWER Act also provides for anti-retaliation protections, and it authorizes the Office of Work Protection (OWP) to investigate and enforce all provisions.… Continue Reading

On June 5, 2025, a unanimous Supreme Court eliminated the requirement for a higher evidentiary standard for majority plaintiffs (white, male, heterosexual, etc.) who claim discrimination under Title VII (also known as reverse discrimination). Ames v. Ohio Department of Youth Services, 605 U.S. ___ (2025).This ruling is expected to make it easier for reverse discrimination claimants to bring their claims in federal court.… Continue Reading

On April 30, 2025, Congressional Representatives Stephanie Bice (R-Oklahoma) and Chrissy Houlahan (D-Pennsylvania) introduced the More Paid Leave for More Americans Act in the House of Representatives.

The bill would develop a three-year pilot program administered by the federal Department of Labor (DOL) that would provide grant funding to states that establish paid family leave programs in partnership with private companies.… Continue Reading

During the Biden administration, the U.S. Department of Labor (DOL) issued a final regulation (the “2024 Rule”) seeking to increase the salary threshold for overtime eligibility for the “white-collar” exemption (also referred to as the “EAP” exemption – executive, administrative, and professional) and the “highly-compensated employee” (HCE) exemption under the Fair Labor Standards Act (FLSA).… Continue Reading

Maryland Postpones the Family and Medical Leave Insurance Program (FAMLI)

On May 6, 2025, Maryland Governor Wes Moore signed into law HB 102, delaying the start date of Maryland’s highly anticipated paid Family and Medical Leave Insurance program (“FAMLI”).  Maryland employers and employees now will begin making contributions to the insurance program on January 1, 2027. … Continue Reading