Donna Glover

Donna M. Glover is an associate in Baker Donelson’s Baltimore office. Contact Donna at dglover@bakerdonelson.com.

We previously updated you about the status and provisions of the Maryland Health Working Families Act (the “Act”), which would mandate paid sick and safe leave of up to 40 hours. You may read our June 2017 article describing the provisions of the Act here.

After much angst and a few political gyrations, Maryland’s House (88-52) and Senate (30-17) voted last week to override Governor Larry Hogan’s 2017 veto of the Maryland Health Working Families Act (the “Act”). Unless the Senate and House pass emergency legislation to delay the effective date of the Act, currently being discussed by certain Maryland Senators, the Act will become law on February 11, 2018, 30 days after the January 12, 2018 Senate vote. (more…)

Employers have until December 1, 2017 to electronically submit injury and illness information from their 2016 Summary of Work-Related Injuries and Illnesses (Form 300A) under OSHA’s 2016 Improve Tracking of Workplace Injuries and Illnesses Rule (“the Rule”). OSHA initially established July 1, 2017 as the submission deadline then in June 2017 delayed the deadline until December 1, 2017. Again, on November 24, 2017, OSHA extended the deadline to December 15, 2017. (more…)

Employers' Role in Changing "Me Too" to "Not Us"

The news has been fraught with allegations of sexual harassment by major players in the television and movie production industries, high tech and venture capital firms, and others. High value employees alleged to have engaged in harassment and/or promulgating an environment that supports sweeping complaints under the rug are no longer being hidden by the silence of victims (female and male) that have allegedly been subject to sexual harassment and/or sexual assault in the workplace. However, as we know, harassment can occur at any level in an organization – and not just by high value employees. (more…)

In Van Rossum v. Baltimore County, Maryland, a jury awarded a community health inspector $250,000 in compensatory damages and $530,000 in back pay after deciding that her employer, Baltimore County, violated the ADA by refusing to accommodate her and, after she exhausted FMLA leave, threatening her with discharge and pressuring her to retire if she did not return to work. In addition, the Court awarded Van Rossum $487,616.25 in reasonable attorneys’ fees plus $32,472.30 in litigation costs, which brought the total award to more than $1.3 million. (more…)

As we previously reported, during the last year of President Obama’s Administration, the Occupational Safety and Health Administration (OSHA) published an amendment to its illness/injury recording keeping rule, which would have significantly changed employers’ obligations regarding reporting. In brief, among other controversial provisions, the new rule would require employers, beginning July 1, to submit their employee injury/illness data to OSHA so that the data can be published for all to see.

In an expected move, OSHA has announced that it has suspended its electronic injury and illness data submission requirement, which was set take effect on July 1. OSHA’s website now states:

OSHA is not accepting electronic submissions of injury and illness logs at this time, and intends to propose extending the July 1, 2017 date by which certain employers are required to submit the information from their completed 2016 Form 300A electronically. Updates will be posted to this webpage when they are available.

Employers may rejoice that OSHA has not indicated when or if a new deadline would be set for electronic submissions, or whether it will reverse the rule that established this public reporting of injury/illness records. OSHA may indicate its stance on the rule after a new head of OSHA is appointed.

Delaware and Oregon have joined Massachusetts and other local jurisdictions (like New York City, Philadelphia and Pittsburgh (currently in litigation)) by enacting laws that prohibit employers from inquiring about the salary histories of job applicants. Most of the provisions of Oregon’s Equal Pay Act of 2017 take effect on January 1, 2019, which gives employers time to focus on compliance. Delaware’s ban, however, takes effect on December 1, 2017, so those employers operating in Delaware need to act quickly to change their recruiting and related processes.
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While employers wait to see if the Trump Administration will produce a kinder, gentler National Labor Relations Board (NLRB), the NLRB is still in the business of punishing employers for workplace policies that ostensibly violate employees’ rights under the National Labor Relations Act (NLRA).
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New York City is the third jurisdiction to pass a ban on salary history inquiries, following Massachusetts and Philadelphia.  Philadelphia’s law was set to take effect in May 2017, however, the constitutionality of Philadelphia’s ban was challenged when the Chamber of Commerce of Greater Philadelphia filed a lawsuit in federal court on April 9, 2017, claiming the ban deprives businesses of their First Amendment rights.  Read our recent article outlining the provisions of Philadelphia’s ban.  New York City’s law will take effect 180 days after the Mayor signs it, which is expected because the Mayor has expressed approval of the ban.
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D.C. joins 11 other jurisdictions (California, Colorado, Connecticut, Delaware, Hawaii, Illinois, Maryland, Nevada, Oregon, Vermont and Washington) in banning employers’ use of employees’ or applicants’ credit histories.
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