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Washington State Legislature Passes Ban on Salary History Inquiries

Washington is poised to become the ninth state to pass a law that would prohibit employers from asking job applicants about their salary history. The state legislature recently passed HB 1696, which would, among other things, prohibit employers from inquiring into the prior “wage or salary history” of an applicant for employment. The bill has … Continue Reading

D.C. Council Postpones Vote On Two Controversial Employment Bills

The D.C. Council has postponed votes on the Hours and Scheduling Stability Act (the “Scheduling Act”) and the Universal Paid Leave Act (the “Leave Act”), two controversial bills that would impose significant burdens on D.C. employers. The Scheduling Act seeks to impose burdensome restrictions on chain retailers’ and chain restaurants’ ability to schedule and hire … Continue Reading

Maryland Employers Be Aware: Effective Today Maryland’s State-Wide Minimum Wage Increases to $8.75 Per Hour And Montgomery County Increases Its Minimum Wage To $10.75 Per Hour

Today, the statewide minimum wage in Maryland increased from $8.25 per hour to $8.75 per hour.  This represents a regularly-scheduled increase as part of the Maryland Minimum Wage Act of 2014 (the “Act”), which will increase the minimum wage in Maryland from $7.25 to $10.10 per hour by July 2018.  The next scheduled increase under … Continue Reading

District of Columbia Passes Minimum Wage Increase

Earlier this week, the D.C. Council unanimously approved a measure to increase the minimum wage from $10.50 to $15 per hour. Mayor Muriel Bowser has already pledged to sign the measure when it reaches her desk later this summer. Under the Fair Shot Minimum Wage Amendment Act of 2016 (the “Act”) (B21-712), the minimum wage … Continue Reading

Public Hearings Held On Two Additional District of Columbia Employment-Related Bills

On Tuesday, January 26, 2016, the D.C. Council held a joint public hearing on two employment-related bills. Both the video and audio recordings of the hearing are available on the D.C. Council’s website. The first bill addressed at the joint public hearing was the Fair Credit History Screening Act of 2015 (Bill B21-0244). This bill … Continue Reading

D.C. Council Introduces Legislation to Protect Retail and Food Service Employees

On December 1, 2015, the D.C. Council introduced legislation that would establish standards for retail and food service employers in D.C.  The legislation, the Hours and Scheduling Stability Act of 2015 (Bill B21-0512) (the “Act”) seeks to impose a host of new protections for employees of large retail and restaurant chains.  D.C. Councilmembers Mary Cheh, Brianne … Continue Reading

DC DOES Clarifies The Zip Code Project And Releases Spanish Pay Notices For The Wage Theft Amendment Act

As discussed in our previous post (available here), the DC Department of Employment Services (“DOES”) announced an upcoming enforcement program called The Zip Code Project (the “Project”). Now, DOES has released a notice to employers relating to the Project (available here). DOES investigators will be conducting city-wide foot patrols of DC businesses to ensure compliance … Continue Reading

D.C. DOES Provides Additional Guidance On The D.C. Wage Theft Prevention Amendment Act And Reveals New “Zip Code” Program For D.C. Employers

On Thursday, March 12, 2015, the District of Columbia Department of Employment Services (“DOES”) hosted its first Webinar regarding the D.C. Wage Theft Prevention Amendment Act (the “Act”), and its subsequent amendments. Our previous blog posts on the Act can be found here, here, here, here, and here. This post addresses the main points of clarification … Continue Reading

D.C. Issues Template Pay Notice And Guidance To Employers on the Wage Theft Prevention Amendment Act

On February 26, 2015, the D.C. Wage Theft Prevention Amendment Act (the “Act”) became law in the District of Columbia. As discussed in our previous blog posts and original client alert on the Act (available here, here, here, here and here), the Act made significant changes to several employment laws in the District of Columbia … Continue Reading

The D.C. Wage Theft Prevention Amendment Act Goes Into Effect Today – What D.C. Employers Need To Know

Today, the highly anticipated – and already twice-amended – D.C. Wage Theft Prevention Amendment Act (the “Act”) goes into effect for Washington, D.C. employers. In November 2014, then-D.C. Mayor Vincent Gray, signed the Act, which includes, among other things, a new pay notice requirement, increased penalties and damages for violating various D.C. employment laws, and … Continue Reading

District of Columbia Passes Two New Non-Discrimination Laws Impacting Employers

Earlier this week, D.C.’s Mayor signed two new measures amending the D.C. Human Rights Act (“DCHRA”) to prohibit (1) discrimination against employees of religiously-affiliated educational institutions on the basis of sexual orientation; and (2) workplace bias related to reproductive health decisions. The DCHRA includes an exemption—called the Armstrong Amendment—enacted in 1989 that permitted “any educational institution that … Continue Reading

Employee Gripe Apps: Should Companies Be Concerned?

The Wall Street Journal recently published an article by Lindsay Gellman on a new app by Collectively that allows users to post anonymous reviews of and complaints about their employers.  The app is cheekily called “getthememo.”  According to the article, Collectively’s mission is to create a space for workers “to speak freely about what’s happening … Continue Reading

No End In Sight For Wave of Paid Family and Sick Leave Laws

Employers have been scrambling to keep up with the multitude of paid sick leave laws that were passed in the last several years.  These laws vary by jurisdiction and often can’t be easily reconciled into a uniform policy — an issue for multi-state employers.  As reported in today’s New York Times, President Obama is asking … Continue Reading

D.C.’s “Ban the Box” Law Takes Effect, OHR Issues Notice of Rights

D.C.’s Fair Criminal Record Screening Act of 2014 took effect on December 17.  The new law prevents employers with 11 or more employees in D.C. from making any criminal inquiries on an initial employment application (i.e., “banning the box”).  Once the employer has extended the applicant a conditional offer of employment, it may inquire into … Continue Reading

D.C. Council Passes Bill Protecting Employees Who Discuss Their Wages

Last week, the Council of the District of Columbia unanimously passed the Wage Transparency Amendment Act (the “Act”) prohibiting private employers from retaliating against employees who discuss their compensation with other workers.  The Act is currently awaiting the expected signature of Mayor Vincent Gray, who has previously expressed support for the measure. The Act bars … Continue Reading

D.C. Council Passes “Emergency” Amendments to the Wage Theft Prevention Amendment Act

As we noted in our blog post last month, District of Columbia Mayor Vincent Gray recently signed an amendment to the Wage Theft Prevention Act.  As detailed in our post and related client alert, the D.C. Wage Theft Prevention Amendment Act of 2014 (the “Act”) significantly expands D.C. employers’ obligations to employees, including comprehensive new … Continue Reading

EEOC Wellness Program Suits Highlight Need for Agency Guidance

The EEOC has been pursuing litigation against wellness programs of late, arguing that certain health plan penalties render participation in wellness program health screens “involuntary” and thus violate Americans with Disabilities Act (ADA), which prohibits medical exams unless they are  voluntary or  are job-related and consistent with business necessity.  (See recent blog post about this.)  Senate Republicans rightly criticized the EEOC general counsel … Continue Reading

The District Of Columbia Enacts New Employee Protections, Requires Reasonable Accommodation for Pregnant Employees

Following the example of several other states and municipalities, the Council of the District of Columbia recently enacted (and the Mayor of the District of Columbia recently signed) the Protecting Pregnant Workers Fairness Act of 2014 (the “Act”).  The Act requires employers to provide reasonable workplace accommodations for workers whose ability to perform the functions … Continue Reading

Gender Pay Gap – What Are Companies Doing?

It is no secret to our readers that the EEOC and the OFCCP have prioritized compensation discrimination issues as an enforcement priority.  The general public, and hence employees, are also keenly aware of pay discrimination issues.  From Sheryl Sandberg’s and Nell Scovell’s “Lean In” book and “Lean In Circles” to the John Oliver skit on the … Continue Reading

D.C. Prepares a Holiday “Gift” for Employers – the Wage Theft Prevention Amendment Act of 2014

Washington, D.C. Mayor Vincent Gray quietly signed an amendment to the Wage Theft Prevention Act which will likely take effect in mid-December 2014 – just in time for the holidays.  The amended Act will significantly expand D.C. employers’ obligations to employees, including comprehensive new pay notice requirements for all existing employees and new hires going … Continue Reading
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