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Fourth Circuit Holds ‘Series of Hateful Workplace Encounters’ Based on Race Can Create Hostile Working Environment Under Title VII

The U.S. Court of Appeals for the Fourth Circuit has expanded its view of what a hostile work environment looks like and lowered the bar in terms of what a plaintiff must show to sufficiently allege a race-based hostile work...more

ICYMI: Employee Non-Compete Agreements No Longer Allowed in D.C.

The Council of the District of Columbia passed the Ban on Non-Compete Agreements Amendment Act of 2020 (the “Act”), one of the strictest bans on employee non-compete agreements in the country, approximately two years ago....more

According to Maryland Court of Appeals Decision, Pre- and Post-Shift Travel Time May Be Compensable

In a decision on July 13, 2022, Maryland’s highest court held that the federal Portal-to-Portal Act has not been adopted or incorporated into Maryland wage laws or regulations. As a result, “what constitutes ‘work’ under...more

ICYMI - Maryland’s Flexible Leave Act Includes Paid Bereavement Leave

For those of you who may have missed this important update, Maryland law now requires employers with 15 or more employees to permit the use of existing accrued paid leave for bereavement purposes. Effective October 1, 2021,...more

Washington Becomes Second State to Declare Nondisclosure and Nondisparagement Provisions Unlawful in Employment and Independent...

On March 24, 2022, Washington’s Silenced No More Act (formally known as Engrossed Substitute House Bill 1795) was signed into law by Governor Jay Inslee. As a result, Washington has become the second state to declare certain...more

OSHA Issues Proposed COVID-19 Vaccine Mandate ETS for Private 100+ Employers

On October 12, 2021, the Occupational Safety and Health Administration (OSHA) delivered a draft of the emergency temporary standard (ETS) requiring COVID-19 vaccination or weekly testing of workers for private employers with...more

Employers Take Heed: The 2021 EEO-1 Component 1 Reporting Deadline is Fast Approaching

The deadline for employers to submit and certify 2019 and 2020 EEO-1 Component 1 Data to the Equal Employment Opportunity Commission (EEOC) is Monday, August 23, 2021. Covered employers therefore have a little over one month...more

Part III: DOL Releases Model Notices for Mandatory COBRA Premium Subsidy

Under the American Rescue Plan Act of 2021 (ARPA), which was passed by Congress on March 11, 2021, the cost of health insurance coverage pursuant to the Consolidated Omnibus Budget Reconciliation Act of 1985 (“COBRA”) is...more

Fourth Circuit Ruling Favors Employers in High Profile ADA Case

On November 18, 2020, the United States Court of Appeals for the Fourth Circuit upheld a decision that retailer Lowe’s Home Centers LLC (“Lowe’s”) did not violate the Americans with Disabilities Act (ADA) when it removed a...more

Federal Court Vacates Key FFCRA Regulations

On August 3, 2020, a federal court in the Southern District of New York overturned key provisions of the Families First Coronavirus Response Act (FFCRA) - the federal law requiring certain employers to provide eligible...more

SCOTUS Votes 6–3 to Extend LGBTQ Protections Under Title VII

In a seminal 6–3 decision for LGBTQ rights on Monday, June 15, 2020, the Supreme Court of the United States held plainly: An employer who fires an individual merely for being gay or transgender defies the law. The Opinion by...more

EEOC Issues Additional Guidance for Employers on COVID-19 and the ADA, the Rehabilitation Act, and Other EEO Laws

On April 17, 2020, the EEOC updated its guidance initially published on March 17, 2020, entitled “What You Should Know About COVID-19 and the ADA, the Rehabilitation Act, and Other EEO Laws” to address additional employment...more

Will SCOTUS Extend LGBTQ Protections Under Title VII?

On October 8, 2019, the United States Supreme Court heard two oral arguments in three highly anticipated cases centered on the controversial issue of whether sexual orientation and transgender status fall within the protected...more

Take It or Leave It: The Rise of Outsourcing Leave Administration and What Employers Should Know About It

As attracting and retaining employees grows increasingly critical to a business’s success, the pressure is mounting for employers to ensure accurate and consistent execution of leave policies, sometimes across multiple...more

Masterpiece Cakeshop: Considerations for Employers

On June 4, 2018, the United States Supreme Court issued its long-awaited opinion in Masterpiece Cakeshop, Ltd. v. Colorado Civil Rights Commission, ultimately siding with the baker who refused to make a wedding cake for a gay...more

Second Circuit Joins Seventh Circuit, EEOC in Holding that Anti-Gay Discrimination is Sex Discrimination

With its en banc decision on February 26, 2018 in Melissa Zarda v. Altitude Express, Inc., No. 15-3775 (2d Cir. Feb. 26, 2018), the Second Circuit Court of Appeals became the second federal appeals court to hold that sexual...more

Don’t Like that NLRB Ruling? Just Wait, it May Change!

As 2017 and Chairman Phillip Miscimarra’s term drew to an end, the National Labor Relations Board (“NLRB” or “Board”) issued a flurry of decisions overturning several Obama-era NLRB decisions. Because Board members are...more

The Bill That Could End Mandatory Arbitration of Sexual Harassment Claims

Given the flood of public sexual harassment accusations in recent months, a bipartisan coalition of lawmakers and celebrities have come together to introduce legislation that would eliminate forced arbitration clauses in...more

An Inside Job: Highlights From November’s ACC Presentation

On November 8, 2017, Suzzanne W. Decker, a Principal in the Miles & Stockbridge Labor, Employment, Benefits & Immigration practice group, and Sandra McLelland, Managing Counsel at Under Armour, presented a webinar to members...more

Hope For the Best, Prepare For the Worst: How to Effectively Manage the Perpetual Risk of Employee Loss

Inevitably, all businesses must deal with employee turnover and the departure of key employees. Such departures have become more frequent of late, as the economy is again on the rise, more jobs are available, the unemployment...more

4th Circuit Decision Highlights Importance of Comparator Evidence

The Fourth Circuit recently upheld a lower court decision granting summary judgment to the employer in an employment discrimination suit brought under Title VII of the Civil Rights Act of 1964 (“Title VII”) and Maryland law,...more

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