We have shined a light on sexual harassment in our workplaces, revealing the shocking frequency and severity of such disturbing and illegal conduct. But harassment goes beyond that of a sexual nature. And during the public health emergency when many are working from home, cyberbullying has also been on the radar. “Workplace bullying” is the “repetitive and systematic engagement of interpersonally abusive behaviors” that harm both the targeted person and the entire organization, according to an article by two physicians. They explain that bullying can have “[e]motional/psychological consequence ..read more

Reacting to pressure from Maryland General Assembly members, the state police have implemented changes addressing allegations of racism, discrimination and retaliation within the department. On April 9, the Maryland State Police department announced changes related to oversight, promotions and discipline after discussions over the past two months with members of the state’s Black legislative caucus who cited cultural problems within the department. As far back as 2017, Black state troopers – who comprise less than 12% of the force – complained that discrimination related to promotions, discipl ..read more

In part 1 of this post, we introduced Maryland’s law that gives most employees in the state the right to accrue time off for sick and safe leave. What is sick leave? The employee may take earned sick leave time for: Medical treatment Preventive medical care for self or family member Caring for an ill or injured family member Maternity or paternity leave For these and other purposes under the Act, “family member” is broadly defined and quite inclusive. What is safe leave? Safe time allows an employee to take time off to address issues of domestic violence, abuse, sexual assault or stalking of ..read more

On Feb. 11, 2018, the Maryland Healthy Working Families Act took effect after the General Assembly had voted to override the governor’s veto of the bill. This state law requires private, nonprofit, and state or local government employers in Maryland to provide “earned sick and safe leave” to eligible employees to take sick time off as well as time away to handle issues related to abuse of self or a family member. Accrued leave The law’s benefits apply to eligible employees who work at least 12 hours per week for an employer. The employee accrues at least one hour of sick and safe leave for eve ..read more

If you or your family member are sick or you welcome a child into your family, you should have the time and opportunity to focus on these events. Because this can be all but impossible when you must go to work every day, taking job-protected leave can be immensely valuable. Eligible employees have this option per the Family and Medical Leave Act (FMLA) and Maryland laws like the Healthy Working Families Act. However, some employers do not comply with these laws. Examples of leave violations There are several ways that an employer might violate a person’s right to sick or safe leave. Some commo ..read more

At our law firm, we fight for the wage-and-hour rights of employees in Maryland, Virginia, Washington, D.C., and California. Those rights are based on federal and state laws and include being paid minimum wage and proper overtime, being paid on time, being paid for all time actually on duty, being classified properly as an employee and not facing retaliation when they assert these rights. Federal investigation finds health care company falsified records to avoid paying overtime On March 22, the Wage and Hour Division of the U.S. Department of Labor (DOL) issued a news release about its investi ..read more

U.S. media outlets have reported many instances of increased harassment and violence against people of Asian descent since the onset of COVID-19, which originated in Wuhan City, China. For example, 58% of Asian adults feel that people more commonly say racially insensitive things about Asian people than they did before the pandemic, according to the Pew Research Center. According to the magazine Occupational Health & Safety, retaliation toward people of particular ethnic heritages has historically risen during various pandemics, so the current phenomenon is no different. But Asian American ..read more

A Maryland school superintendent has accused its school board of racial discrimination, citing numerous examples in a federal complaint she filed in December. The move by Queen Anne’s County Superintendent Andrea M. Kane represents an initial step toward a federal lawsuit. Kane is the first Black school superintendent in the county. She has described simmering tensions with the all-white school board during her tumultuous four years leading the school’s district, which is 85% white. A 30-year veteran working in public schools as an educator and administrator, Kane said she will not seek to hav ..read more

When people think about the typical workers’ compensation claim, they think about something relatively common like carpel tunnel from data entry or burns from working by hot, industrial equipment. It may surprise you that on occasion – if the circumstances are right – the Maryland Workers’ Compensation Act (Act) allows coverage for an employee’s injury or death from assault by another person. Compensable injuries generally Like other states, Maryland requires that for an employee’s workers’ compensation claim for injury or illness to be covered by the Act, the harm must have been an “accidenta ..read more

On Jan. 15, 2021, the U.S. Equal Employment Opportunity Commission (EEOC) approved a revised version of its Compliance Manual’s section on religious discrimination in the workplace. The guidance in the manual does not carry the force and effect of law, but gives “clarity to the public regarding existing requirements under the law or agency policies.” The EEOC is the primary federal agency charged with enforcing anti-discrimination laws. An employee may file a claim of unlawful discrimination or harassment at work with the EEOC. The manual has not been revised since 2008 and the newly revised v ..read more