MD Flexible Leave Act -
Amendments to Take Effect Immediately
A few months ago, we shared information regarding the Maryland Flexible Leave Act (MFLA). This law become effective in October 2008 however there were several undefined areas of the law which became difficult for employers to fully comply.
Under the MFLA, employers with 15 or more employees must allow workers to use paid leave for the illness of an immediate family member. The new amendments, which takes effect immediately, defines and clarifies several key terms and provisions of the legislation.
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MD Workplace Fraud Act of 2009
The MD Fraud Act of 2009, effective October 1, 2009, makes it a violation for an employer to misclassify workers as employees. The new law specifically applies to employers in the construction and landscaping services industries from misclassifying workers as independent contractors rather than employees to avoid certain payroll and related benefit costs.
In addition to establishing standards for determining whether an employer-employee relationship exists, the Act also allows the Commissioner of Labor and Industry broad investigatory and enforcement powers.
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Recent Court Case of Interest – Supreme Court Ruling Makes Proving Age Discrimination More Difficult
The U.S. Supreme Court held in Gross v. FBL Financial Services, Inc., that employees who sue their employers for age discrimination must prove that age was the cause of an employment decision, even if they have some evidence that age was a factor in the decision. This Supreme Court decision makes it harder for employees to prove age discrimination under the Age Discrimination in Employment Act (ADEA). Under the ADEA, an employer can't take an adverse employment action against an employee because of his age.
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Your impactHR Tip: HR Audit - Why and How
Employers should consider an annual audit of their HR management practices. The audit will identify areas of noncompliance and ineffective management practices.
Just the mere mention of the word "audit" makes most employers uncomfortable. While most employers see the value in auditing their financials, most do not consider the risks related to noncompliance to labor laws or inconsistent HR management practices. A HR audit is a quality control check on the HR management activities in a company and to determine how well the activities support the organization's overall strategy. In other words, the audit should answer the question, "Are your HR practices in compliance and are they helping, hindering or having little impact on what your organization is trying to accomplish?"
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