Looking back: Dodd-Frank amendment applies retroactively to whistleblower’s claim against nonpublic subsidiary *

USA - July 12 2012
On July 9, 2012, a judge in the Southern District of New York held that Section 929A of the Dodd-Frank Wall Street Reform and Consumer Protection Act (“Dodd-Frank”)—which extends whistleblower protection to nonpublic subsidiaries of public companies—operates retroactively to permit claims against subsidiaries that arose prior to the passage of Dodd-Frank. 

Co-authors: Mary E. Pivec.

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District of Columbia law aims to protect unemployed job seekers from discrimination and retaliation *

USA - April 24 2012
On March 19, 2012, the Mayor of the District of Columbia signed the Unemployed Anti-Discrimination Act of 2012 (the “Act”).

Co-authors: Mary E. Pivec.

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For Maryland employers the password is privacy: how Maryland’s user name and password privacy protection law will affect your business *

USA - April 17 2012
The Maryland General Assembly recently adopted legislation that would prohibit Maryland employers from conditioning hire or continuation of employment upon an applicant’s or employee’s disclosure of any user name, password, or other means for accessing an online personal account such as Facebook or Twitter. 

Co-authors: Mary E. Pivec.

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Employer beware: informal intra-company complaints can constitute protected activity *

USA - February 3 2012
On January 27, 2012, the Fourth Circuit held for the first time that an employee’s informal intra-company complaint regarding possible Fair Labor Standards Act (“FLSA”) violations can constitute protected activity under the FLSA’s anti-retaliation provision. 

Co-authors: David C. Burton.

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The U.S. Department of Labor proposes broad changes in its interpretation of the companionship and domestic worker exemptions under the Fair Labor Standards Act *

USA - January 18 2012
On December 27, 2011, the U.S. Department of Labor Wage and Hour Division (DOL) published a notice of a proposed rulemaking (NPRM) announcing drastic changes to DOL’s historic position that all employers of companionship and domestic service workers are exempt from the minimum wage and overtime requirements of the Fair Labor Standards Act (FLSA) under the 1974 amendments to the Act.

Co-authors: Mary E. Pivec.

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