It’s back to school time! For most, that means wondering where the time has gone as they watch children get on the bus to start another year. But why not take the opportunity to refresh on some labor and employment law concepts every business owner should know? Without further ado, here are the ABCs of Employment Law 101.

A is for At-will employment, which means that non-contractual employees can be terminated for any or no reason, upon any or no notice, but not for an illegal reason!

B is for Be fair! The crux of all valid employment discrimination claims lies in an employee being treated unfairly. Apply all policies consistently and in a fair manner.

C is for Commissions – when and how your business pays commissions needs to be closely examined to ensure compliance with state law.

D is for Disability – under the Americans with Disabilities Act (ADA), employees with medical conditions may be considered disabled and afforded the protections of that Act.

E is for Equal pay – is your business compliant with Maryland’s recent amendments to the Equal Pay for Equal Work Act requiring wage range disclosure in job postings?

F is for the FLSA. FLSA changes are on the horizon, so it’s time to conduct an internal audit of your payroll practices!

G is for GINA (the Genetic Information Non-Disclosure Act), which prohibits covered employers from discriminating against employees or applicants because of genetic information.

H is for Handbooks, which we recommend to employers of any and every size.

I is for Form I-9, which all employers must use to verify the identity and employment eligibility of their employees.

J is for Joint employment. Earlier this summer, the NLRB voluntarily dismissed its appeal of a federal judge’s decision enjoining its joint employer final rule, but that doesn’t mean employers (particularly contractors) should not be vigilant about avoiding joint employment status with its subcontractors.

K is for Key employee. The FMLA has different rules that apply to the top 10 percent of company earners. Employers should verify that their FMLA policy preserves these rights.

L is for Leave – the sheer number of laws pertaining to leave (FMLA, ADA, MHWFA, MFLA, workers comp, etc.), not to mention separate workplace PTO policies, can make an employer’s head spin.

M is for Misclassification. Misclassifying workers as independent contractors – when they in fact should be treated as employees – can create substantial financial and legal exposure for employers.

N is for the National Labor Relations Act (NLRA) and the National Labor Relations Board (NLRB), which apply to your workplace even if you don’t have a union.

O is for the Occupational Safety and Health Act (OSHA), which, like the NLRA, applies to workplaces as small as one employee.

P is for the Pregnant Workers Fairness Act, which imposes extremely broad standards upon employers for accommodating pregnant employees.

Q is for Questions you pose to applicants in interviews. Could your interview questions inadvertently be exposing your company to liability?

R is for Remote workers, who typically are protected by the laws of the state in which they reside. Does your Handbook cover those states?

S is for Social media. Having a legal and effective social media policy is crucial to operating a 21^st century business.

T is for Title VII, the most significant of all federal antidiscrimination laws. Title VII only applies to employers of 15 or more employees, but state and local laws may offer the same protections for much smaller employers.

U is for Unionization. In 2023, the NLRB reported 2,594 filings for union representation, an increase of 3% from 2022.

V is for Vacation, which most employers are surprised to learn is not required to be offered in Maryland or other surrounding states. That doesn’t mean there aren’t practical reasons to do so, though!

W is for Wrongful discharge. Even if your workplace is small enough not to be covered by Title VII or the other federal antidiscrimination laws, employers must be vigilant about wrongful discharge claims filed by former employees.

X is for eXpense reimbursement (I have two children, all the books cheat on the X). Employers must develop an “accountable plan” to ensure that reimbursement of employee expenses is not counted as part of its employees’ wages.

Y is for Young employees. Gen Z has an ever-increasing presence in the workplace and their expectations may be different than yours.

Z is for Zipper clause. If your employment contracts don’t have one, you leave the door open for a protracted game of “he says/she says.”

That’s all for this week’s lesson. Enjoy the cooler weather!