Employment News

By Susan Richards Salen October 612016 Montgomery County, Maryland has enacted an Earned Sick and Safe Leave Law ("Law") effective October 1, 2016. Most employers in the County will have to provide most of their employees with up to 56 hours of paid sick and safe leave. The leave is accrued at the rate of one hour of paid leave for every 30 hours worked capped at not more than 56 hours of leave a year. Small employers (defined as employers with less than 5 employees) have to provide only 32 hours of paid leave and 24 hours of unpaid leave.

By Susan Richards Salen

By Maureen E. Carr, Esq.

Many American households employ domestic workers such as housekeepers, nannies, and gardeners. This article addresses the legal requirements governing such relationships, including compensation, tax, and recordkeeping obligations.

Compensation Requirements

For years lawyers have advised employers in the Fourth Circuit (the federal circuit for appeals from United States District Courts of Maryland, Virginia and North Carolina) that crude and boorish sexual comments alone are not generally sufficient to create a hostile work environment for purposes of proving a sexual harassment claim under Title VII. Generally, in the Fourth Circuit, courts have found that comments alone are not sufficient to create an environment that is severe and pervasive enough to constitute harassment as a matter of law.

The District of Columbia joined Delaware, Illinois, West Virginia and Maryland by enacting legislation to give additional protections to pregnant workers.  On October 24, 2014, the District of Columbia enacted the “Protecting Pregnant Workers Fairness Act of 2014” (PPWFA or the Act).   Provided that Congress does not disapprove of the PPWFA, the PPWFA will become effective sometime in late 2014.  The PPWFA gives pregnant employees and applicants, and recently pregnant employees (those who have recently given birth) and applicants, broad protections that might not otherwise be available to t