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Recent Blog Posts
What you need to know about reasonable accommodations
Everyone deserves equal employment opportunities. However, if you suffer from a disability, the burden is going to fall on you to ensure that your rights are protected. This means knowing the law and how to navigate it to your advantage. For those who are disabled, this includes asking for reasonable accommodations when necessary, and knowing how to work with an employer who is resistant to providing such an accommodation or who outright denies such requests.
Defining "disability"
Before you can request a reasonable accommodation, you have to demonstrate that you have a disability. Under the Americans with Disabilities Act, this means showing that you have a physical or mental condition that substantially limits at least one major life activity. Although many of these disabilities may be obvious to your employer, sometimes that's not the case. If your condition isn't obvious to your employer, it can request documentation of your medical condition.
When is a worker entitled to overtime pay in Maryland?
Hard-working employees deserve to be paid for their efforts, especially if they put in hours above and beyond their normal shift. Employers also benefit when a worker puts in more hours than are expected.
Maryland law and federal law recognize that some categories of employees who work more than 40 hours in a standard workweek should be paid at a rate higher than their normal wages for the extra time spent on the job. For these reasons, some workers are entitled to overtime pay.
Who can receive overtime pay?
Workers in Maryland are entitled to 1.5 times their normal wage in overtime pay if they work more than 40 hours in a seven-day workweek and are not exempt from state or federal overtime laws.
Vacation time, sick leave and holidays do not count toward the 40-hour-plus overtime requirement. Overtime only includes time an employee is actively on the job.
Who is exempt from overtime pay?
Not all employees qualify for overtime pay. For example, most executives and administrative and professional employees are exempt from overtime pay in Maryland.
Maryland Expanded Definition of Sexual Harassment
Effective October 1, 2022, Maryland Senate Bill 450 (SB 450) revised the definition of sexual harassment in the workplace for Maryland employees and employers. Before this new law, the State of Maryland followed the federal definitions of "harassment" and "sexual harassment." The federal standards under the Title VII of the 1964 Civil Rights Act required an employee prove that the harassment was "severe or pervasive." A severe or pervasive standard is often a much higher bar than employees typically expect. Under this federal standard, fleeting sexual remarks might not rise to a level of legally actionable sexual harassment.
SB 450 lowered the bar to prove harassment or sexual harassment in Maryland. Now "sexual harassment" includes conduct, which need not be severe or pervasive, that consists of unwelcome sexual advances, requests for sexual favors, or other conduct of a sexual nature when:
(1) Submission to the conduct is made either explicitly or implicitly a term or condition of employment of an individual;
When and why can I file a wage claim?
In Maryland, workers who are not paid the wages they are entitled to under the law must understand that they have the right to file a claim about it. This is often viewed as a simple failure to pay workers on time and in full based on the minimum wage, but there are other ways in which wage violations can and do take place.
Often, workers do not protest when they are not paid their legal wages plus overtime because they are unsure of their rights. They might also be reluctant due to fear that they might lose the job. Employers must adhere to the law and when there are violations taking place, workers should have a grasp on when and why they can file a wage claim. Having help can be essential for reaching a successful outcome.
Key points to know about wage issues and how to address them
Employers are not doing workers a service by paying them for work they have done. They are legally required to do so. These are services that are completed at the request and under the supervision of an employer. For that, workers are entitled to payment.
Signs that you're subjected to pregnancy discrimination
Being pregnant has its own challenges, but the difficulties can be exacerbated when your employer uses your condition to discriminate against you. You'd think that with state and federal protections, as well as an increased public awareness of workplace discrimination, this behavior would be rare, but it's far more common than many people realize.
And the ramifications of discrimination can be far-reaching. You may find yourself uncomfortable and even fearful at your job on a daily basis, worried that reporting the issue may result in retaliation. And if you do make a complaint, you might be concerned that you'll end up facing reduced hours, changed assignments, demotion, reduced pay or even termination. This is why it's critical to know how to identify pregnancy discrimination and bring it to a stop in a way that protects your interests.
Spotting signs of pregnancy discrimination
One reason why people misperceive the frequency with which this type of discrimination occurs is because they simply shrug off discriminatory practices as inane behavior. But discriminatory practices can lead to adverse employment actions, including demotion, termination or being passed over for a job or promotion altogether.
Time Off Work to Vote
Time Off Work to Vote:
The State of Maryland allows employees to take time off from work to vote without fear of retaliation. In accordance with Maryland law, employees must be allowed to take up to two hours off to vote unless the employee already has at least two consecutive hours off work while the polls are open. This time off must be paid. Md. Code Ann., Elec. Law § 10-315.
In Washington, D.C., upon request to an employer, the employee may take at least two hours of paid leave from a scheduled working shift to vote. D.C. Code § 1-1001.07a.
Your Employer May:
- Require you to submit your request for paid leave to vote a reasonable time in advance of the date you wish to vote; and
- Ask for proof of voting. The employee shall furnish to the employer proof that the employee has voted or attempted to vote.
How are whistleblower federal employees protected under the law?
In Maryland and Virginia, the federal government is a large-scale employer. Since the area is so close to the power hub of Washington, D.C., it is natural that there will be an extensive array of federal agencies that employ a wide swath of people. Although working in the public sector differs from working in the private sector, it is a sad fact that workers are always at risk of being mistreated.
Legal violations can happen regardless of where a person works and it is important to understand the available recourse. Being a whistleblower to report when an employer is violating the law is not easy. Often, people are reluctant to speak out due to fear of retaliation and a negative impact on their future. Before walking away without complaining about wrongdoing, it is wise to understand the law protecting whistleblowers and to have professional help.
How the No FEAR Act helps federal whistleblowers
The No FEAR Act-Notification and Federal Employee Anti-Discrimination and Retaliation Act of 2002-was signed by President George W. Bush. Under this law, a federal agency that is found to have violated employment law and retaliated against whistleblowers will be held directly accountable.
World Mental Health Day - ADA in the Workplace
On Monday, October 10, 2022, we celebrated World Mental Health Day to raise awareness of mental health issues worldwide and mobilize efforts to support mental health. Stigma and discrimination continue to be barriers to social inclusion and access to proper care; however, we can all play our part in increasing awareness. The holiday is a step towards making mental health and well-being for all a global priority.
At Freedman Law, LLC, we help individuals against discrimination in the workplace, including those with physical and mental disabilities. The Americans with Disabilities Act (ADA) prohibits discrimination against individuals with disabilities in the workplace.
Critically, in 2008 the ADA was amended with the Americans with Disabilities Act Amendments Act (ADAAA), which changed the definition of the term "disability." The ADAAAA significantly broadened the definition of a disability to make it easier for an individual seeking protection under the ADA to establish that he or she has a disability within the meaning of the statute. The new law made it clear that the definition of disability would be construed as broadly as possible to include anything that substantially limits one or more major life activities, a record (or past history) of such an impairment, or even being regarded as having a disability. In terms of mental health, this often means that mental impairments such as diagnosed depression and anxiety disorders may be protected disabilities. A recent landmark 4th Circuit case ruling in Williams v Kincaid also found that gender dysphoria is covered by the ADA, a holding that is more inclusive towards those who are discriminated against based on their gender identity.
What you need to know about harassment in the fast-food industry
Sexual harassment is more common than most people realize. Yet, certain sectors of the professional world are more susceptible than others to this type of egregious behavior. Amongst them is the fast-food industry. Restaurants in general are problematic when it comes to sexual harassment, with one study showing that 90% of women who work in the industry report having been subjected to sexual harassment. Even 70% of male workers in this industry have indicated that they've been sexually harassed at work.
Sexual harassment in the fast-food industry
Those who work in the fast-food industry can be taken advantage of relatively easily. This is because these workers usually aren't in as strong of a position to protect their rights as those who work elsewhere. For example, fast-food workers are oftentimes subjected to inconsistent scheduling and frequent schedule changes, which means that it can be hard to decipher when retaliation has occurred after sexual harassment has occurred.
Natural Hair in the Workplace
What is the CROWN Act?
The CROWN Act (Creating a Respectful and Open World for Natural Hair) was first introduced to Congress in March of 2019. The goal of the Act is to promote equity and inclusivity within the workplace environment, specifically prohibiting prejudicial treatment towards individuals based on their hair texture or protective style. The CROWN Act would prohibit workplace discrimination based on a person's hair texture or hairstyle if that style or texture is commonly associated with a particular race or national origin. The Act's protections include, but are not limited to, dreadlocks, cornrows, twists, braids, Bantu knots, and afros. The CROWN Act protects employees from race-based discrimination relating to their natural hair, such as the denial of job opportunities or promotions. Under the Act, an employee may not be reprimanded for having their hair in a protective style or choosing to wear their natural hair at their place of employment.
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