Today we continue with our Year in Review segment, which looks at the key labor & employment law developments from 2016 in New York, the DC Metro Area, Massachusetts, and California, while offering our thoughts about 2017.  Today we turn to the DC Metro Area.  In addition, please join us in NYC on April 6, 2017 for Mintz Levin’s Third Annual Employment Law Summit as we address some of the key labor & employment issues impacting employers in 2017.  Register here

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The District of Columbia, Maryland (including Montgomery County) witnessed an active 2016 with respect to new and amended workplace laws that impose additional responsibilities on employers, and expand employee rights and avenues of enforcement.  Employers should be aware of these new requirements and take immediate action to comply with them.  We highlight below the most significant updates in both D.C. and Maryland; there were no changes or additions of significance in Virginia.

Continue Reading 2016 DC Metro Area Employment Law Year In Review

This week, the U.S. Equal Employment Opportunity Commission filed its first lawsuits alleging sexual orientation discrimination under Title VII against employers in Pennsylvania and Maryland.  In both cases, the EEOC seeks compensatory and punitive damages, as well as injunctive relief.  The lawsuits are the latest step by the Commission to confirm its view that “sex” discrimination under Title VII encompasses discrimination based on sexual orientation.

Continue Reading The Next Frontier of Title VII – EEOC Files its First Sexual Orientation Discrimination Cases

Last month, a federal court in Maryland denied an employer’s motion to compel arbitration even though the plaintiff executed an arbitration agreement the employer had included in the plaintiff’s employment application.  The court found the agreement unenforceable because the parties did not have a “meeting of the minds” at the time the employer asked the plaintiff to complete the employment application.  This decision serves as an important reminder to employers to examine not just the content of the agreement itself, but also the context around which the contract is executed.

Continue Reading Federal Court Requires “Meeting of the Minds” To Enforce Arbitration Agreement Included in Employment Application

For those of you following the saga our Employee Mobility Practice Group has been documenting about the many ways in which social media appears to be impacting the non-compete world, I present to you yet another case that highlights the treasure trove of evidence that LinkedIn may provide.

Continue Reading Yet Another Tale of (Alleged) LinkedIn Indiscretion in a Non-Compete Matter

Written by Gauri Punjabi

Fair Credit Reporting Act class actions remain on the rise.  The latest one of note was recently filed in Maryland federal court against staffing agencies Aerotek, Inc. and Allegis Group, Inc., alleging that they violated the FCRA after they fired an employee without providing him with advance notice and an opportunity to dispute certain criminal history information identified on a background report.

Continue Reading Staffing Companies Hit with Class Action Alleging Violation of Fair Credit Reporting Act

Written by David Barmak

More bad news for employers: Maryland’s Court of Appeals (its highest court) has now put to rest any question about an employee’s right to recover treble damages in connection with an unpaid overtime claim.

Continue Reading Maryland Court of Appeals: Contrary to Federal Court Rulings, Maryland Employees Are Eligible to Recover Treble Damages from Employers Failing to Pay Overtime