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Employment Law – Preparing for 2014: The Maryland Perspective October 16, 2013 Julie Reddig Lerch, Early & Brewer, Chtd. www.lerchearly.com Montgomery.

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Presentation on theme: "Employment Law – Preparing for 2014: The Maryland Perspective October 16, 2013 Julie Reddig Lerch, Early & Brewer, Chtd. www.lerchearly.com Montgomery."— Presentation transcript:

1 Employment Law – Preparing for 2014: The Maryland Perspective October 16, 2013 Julie Reddig Lerch, Early & Brewer, Chtd. Montgomery County Chamber of Commerce Small Business Committee

2 © Lerch, Early & Brewer, Chtd New Maryland Employment Laws  Lien for Unpaid Wages Act  Reasonable Accommodations for Pregnant Workers Act  Deployment of Family Members in the Armed Services Act Today’s Update 2

3 © Lerch, Early & Brewer, Chtd Lien for Unpaid Wages Act  Employee lien against real and personal property for alleged unpaid wages  Includes penalties - $$$  Speedier resolution of wage claims  Puts pressure on employers 3

4 © Lerch, Early & Brewer, Chtd What Can I Do Now?  Review job descriptions re “exempt”  Ensure senior management understands need for immediate action  Consider company-wide timesheets  Update timesheet language 4

5 © Lerch, Early & Brewer, Chtd Reasonable Accommodations for Pregnant Workers Act  Requires employer to provide “reasonable accommodation” absent “undue hardship”  Creates obligations beyond ADA  Applies to MD employers with 15 or 15 or more employees 5

6 © Lerch, Early & Brewer, Chtd Reasonable Accommodation  Changing employee’s job duties  Changing employee’s work hours  Relocating employee’s work area  Providing mechanical/electrical aids  Providing leave  Transferring employee to less strenuous/hazardous position 6

7 © Lerch, Early & Brewer, Chtd What Can I Do Now?  Train supervisors to bring request to HR/management IMMEDIATELY  Revise employee handbook  Review temporary disability policies 7

8 © Lerch, Early & Brewer, Chtd Deployment of Family Members in the Armed Forces Act  Must allow certain employees with one day of leave on the day immediate family member leaves for or returns from active duty outside the U.S. as a member of the U.S. Armed Forces  Employers with 50 or more employees 8

9 © Lerch, Early & Brewer, Chtd Eligibility  Worked for employer for previous 12 months and worked 1,250 hours in previous 12 months  Immediate family member = spouse, parent, stepparent, child, stepchild, or sibling  Cannot require employee to use comp, sick or vacation leave 9

10 © Lerch, Early & Brewer, Chtd What Can I Do Now?  Revise leave policies and tracking procedures  Train managers so they can let employees know they may be eligible 10

11 MCCC Small Business Member Meeting October 16, 2013 P REPARING FOR 2014: T HE F EDERAL P ERSPECTIVE th Street, NW, 11 th Floor Washington, DC Tel: (202) Fax: (202)

12 12 T HREE B RANCHES : W ATCHING FROM A LL A NGLES © PilieroMazza PLLC 2013 P REPARING FOR 2014: T HE F EDERAL P ERSPECTIVE

13 13 L EGISLATIVE : A ND OUT OF C ONGRESS ? © PilieroMazza PLLC 2013 A.Budget/Contract Disruptions Workforce strategic planning Reductions in force Wage and Hour B.Affordable Care Act Assume its here to stay Long Term Benefit Planning B.Immigration Reform Advocacy P REPARING FOR 2014: T HE F EDERAL P ERSPECTIVE

14 14 J UDICIARY : T HE S UPREMES © PilieroMazza PLLC 2013 A.DOMA Windsor B.Title VII Ball State Nassar C.Arbitration American Express P REPARING FOR 2014: T HE F EDERAL P ERSPECTIVE

15 15 E XECUTIVE : T HE P RESIDENCY AND ITS A GENTS © PilieroMazza PLLC 2013 A.Investigations B.EEOC Guidance C.OFCCP Rules D.Non-displacement of Service Workers E.NLRB P REPARING FOR 2014: T HE F EDERAL P ERSPECTIVE

16 16 H OW TO P REPARE ? © PilieroMazza PLLC 2013 A.Update Handbook B.Employment Documents C.Training D.Seek Assistance E.Invest Time P REPARING FOR 2014: T HE F EDERAL P ERSPECTIVE

17 QUESTIONS?  Julie Reddig (301) lerchearly.com Lerch, Early & Brewer  Nicole DeVries (202) pilieromazza.com PilieroMazza PLLC


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