Posts Tagged ‘employment law’

Recent Employment Law Developments Offer a Mixed Bag for Maryland Employers

Below are some of the latest developments in employment law affecting federal and state contractors. Limits to enhanced damages under Maryland’s wage law  A terminated employee’s attempt to expand eligibility for enhanced damages under Maryland’s Wage Payment and Collection Law (“WPCL”) was rejected by the Maryland Court of Appeals. The law provides that a court…

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Firing Offenses: How Case Law Can Fill the Gap in Employment Provisions

The purpose of an employment agreement is to agree upon the terms and conditions of employment in advance – perhaps most important among them being how to end it in the event the relationship deteriorates. Although the goal of an employment contract is to have clearly annunciated expectations for performance on both sides of the…

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Baltimore City Adopts “Ban the Box”

Earlier this year, the City of Baltimore passed “ban the box” legislation restricting private employers from inquiring into the criminal history of job applicants (the “box” refers to the criminal history check-box on employment applications).  The new law forbids employers from making inquiries into a job applicant’s criminal history before making a conditional offer of…

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Maryland’s New Parental Leave Law Takes Effect October 1

Starting October 1, 2014, small employers in Maryland (those employing 15-49 employees) will be required to provide employees with unpaid leave for the birth or adoption of a child under the Maryland Parental Leave Act (“MPLA”).  Pursuant to the MPLA, eligible employees are entitled to six workweeks of unpaid parental leave during any 12-month period…

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Recovering from Employee Theft through Fidelity Insurance

Recent trends show an increase in employee theft and fraud over the past few years, with potentially devastating consequences.  According to the Association of Certified Fraud Examiners, U.S. organizations lose about 7% of annual revenues to fraud.  Moreover, the median occupational fraud loss is $175,000, and more than 1 in 4 frauds involves losses of…

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State Contractors: Joint Liability under Maryland’s Prevailing Wage Law

Maryland’s Prevailing Wage Law, governs, among other things, an employee’s rate of pay, working hours, and other employer obligations on construction projects for which the state expends more than $500,000, and when state public funds cover 50% or more of the construction expenses. For construction projects covered by this law, all contractors and subcontractors on…

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Federal Contractors: ACA Mandated Group Health Plan Coverage May Not Qualify as Fringe Benefits under Service Contract Act

The Employer Shared Responsibility provision of the Affordable Care Act (“ACA”) requires large employers (i.e., those employing at least 50 full-time and full-time equivalent employees) to offer group health plan coverage to their full-time employees.  As many federal contractors know, the McNamara-O’Hara Service Contract Act (the “Service Contract Act” or “SCA”) requires federal contractors to…

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Limits to Enhanced Damages under Maryland’s Wage Law: Peters v. Early Healthcare Giver, Inc. (2014)

Maryland employers are particularly wary of employee wage claims because Maryland’s Wage Payment and Collection Law (“WPCL”) provides for enhanced damages (i.e., three times the amount of withheld wages) and attorney’s fees to a prevailing plaintiff in certain situations. However, the Maryland Court of Appeals has recently placed restrictions on a plaintiff’s right to enhanced…

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Contractual Language that can Inadvertently Destroy “At-Will” Employment: Spacesaver Sys., Inc. v. Adam (2014)

Recently, the Maryland Court of Appeals discussed a new restraint on the State’s “at-will” employment doctrine, one that is triggered by language commonly found in employment agreements.  Specifically, the Court held that an employment contract clause providing that the employee could be terminated “for-cause,” negates the presumption of at-will employment, thereby precluding an employer from…

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