Taking effect on October 1st, a new Maryland law basically states that in order to employ or engage an unpaid intern the employer and the intern in Maryland must agree that the intern will not be entitled to wages for any work that the intern performs, and that essentially the work that the intern is performing must supplement or add training similar to that, which would be provided in an educational environment. The law essentially adds protection that an employee would normally find under Title VII or the Maryland analog to Title VII. So, an employer cannot refuse to offer an internship or to end an internship or otherwise discriminate against someone in the terms, conditions or privileges of internship because of that intern’s protected classification of color, religion, age, sex, etc. An employer cannot fail or refuse to make a reasonable accommodation to an intern similar to the obligation owed to a candidate for employment or employer. And an employer cannot retaliate against an intern because that intern has opposed a practice prohibiting any kind of retaliation of the new law. Significantly under this new law there are no monetary penalties which are assessed against the employer, although an intern who believes that he or she has been the subject of a violation of the law can take advantage of any internal grievance procedure that the employer may have. Other topics covered in this Telebrief® include: discussion of the white-collar exemption in relation to job descriptions, the changed quickie election rules under the NLRB and the shortened time period that employers can campaign against the union, civil penalties for private employers who fire employees attempting to unionize, and new standards for determining who is a joint employer under the NLRA. To read more about this Telebrief®, or to listen to past installments, please click here.
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Geared to executives with employee relations responsibilities (HR directors, supervisors, managers, business owners), Labor and Employment Telebriefs® are information-packed 30 minute briefings via the telephone. Telebriefs® provide information and insights to help executives stay current with latest workplace law developments and in front of trends so as to enable proactive policy making and management . On the 2nd and 4th Wednesday of each month, from 9 – 9:30 am ET, join Offit Kurman Labor & Employment Chair Howard Kurman, as he discusses developments occurring over the past two weeks that will most significantly impact employers nationwide. The focus is squarely on the practical. Why is this event significant for employers? What are the lessons to be learned or actions taken? These twice-monthly teleconferences are an easy way to stay current and compliant with the latest Labor and Employment law developments that will significantly affect you and your company. Our guarantee: You will learn something useful, on every call! If you have any questions regarding labor and employment issues please contact Howard Kurman: firstname.lastname@example.org | 410.209.6417
ABOUT HOWARD KURMAN
Howard K. Kurman is Chair of the firm’s Labor & Employment Department. Mr. Kurman regularly counsels clients on all aspects of proactive employment/labor issues. He represents employers ranging in size from as small as 20 employees to those employers with geographically disparate locations consisting of over 4,000 employees. Mr. Kurman assures, through regular contact with his clients, that they promulgate and maintain the most effective employment policies that will, to the extent possible, minimize their legal exposure in today’s litigious workplace. You can also connect with Offit Kurman via Facebook, Twitter, Google+, YouTube, and LinkedIn.
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