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Maryland Employers Get Ready: New Compensation Transparency Laws Will Soon Take Effect

Earlier this year, Governor Wes Moore signed into law two statutes — the Wage Range Transparency Law and the Pay Stub Information Law — that significantly increase the compensation details that Maryland employers must...more

Post-Chevron Employment Law Regulations: What to Expect

Forty years ago, the US Supreme Court’s decision in Chevron USA, Inc. v. National Resources Defense Council, 46 US 837 (1984), upended administrative law practice. In brief, that case, for which the “Chevron doctrine” is...more

Captive Audience Meetings: An Area Fraught for Employers

If you’ve managed a workforce during a union organizing campaign, you’re likely familiar with captive audience meetings; compulsory sessions at which managers try to persuade employees to reject the union. For over 70 years,...more

Supreme Court Holds That the FAA’s Transportation Exemption Applies to all Employees Involved in Interstate Transportation

Enacted in 1925, the Federal Arbitration Act (FAA) reflects the nation’s policy favoring arbitration agreements. Employers routinely rely on the FAA to compel aggrieved employees to press their disputes before an arbitrator,...more

Court Vacates NLRB’s October 2023 Joint Employer Rule

Under what circumstances will two or more entities be considered an employee’s joint employers? Recently, the US District Court for the Eastern District of Texas vacated the National Labor Relations Board’s (NLRB) latest...more

10 Legal Issues for Nonprofit and Association Leadership in 2024

As 2024 gets underway, the nonprofit sector will continue to face new challenges in addition to grappling with ongoing challenges that continue to impact the sector. Our interdisciplinary team, serving thousands of nonprofits...more

DOL Announces New Final Rule To Distinguish Between Employees and Independent Contractors

This week, the US Department of Labor (DOL) issued a final rule — Federal Register: Employee or Independent Contractor Classification Under the Fair Labor Standards Act — that provides new guidance on how to distinguish...more

Hospitality: 2023 Year in Review

As we enter the final quarter of 2023, the ArentFox Schiff Hospitality Industry group has identified several opportunities and challenges that could impact the hospitality industry, including issues related to artificial...more

EEOC Brings First-of-Its-Kind Enforcement Action Against Employer for Using Artificial Intelligence to Discriminate Against...

Increasingly, employers are utilizing automated systems, including artificial intelligence (AI) or machine learning, to target job advertisements, recruit applicants, and make hiring decisions. Such systems expose employers...more

NLRB Overturns (Again) Employer-Friendly Standard on Policies, Handbook Provisions, and Work Rules

Last week, in a setback for employers, the National Labor Relations Board (NLRB) adopted a new legal standard to determine whether facially neutral policies, handbook provisions, and work rules – those that don’t expressly...more

District of Columbia Employers Take Notice: City’s Cannabis Employment Protections Amendments Act Takes Effect

Signed into law on July 13, 2022, the District of Columbia Cannabis Employment Protections Act, provides major new workplace protections for marijuana users. Under the Act, which went into effect on July 1, covered...more

Supreme Court Raises Bar for Employers Assessing Employee Religious Accommodation Requests

Title VII requires employers to accommodate their employees’ religious practices unless it would impose an “undue hardship on the conduct of the employer’s business.” Fifty years ago, in Trans World Airlines, Inc. v....more

Employers Take Note: EEOC Begins Enforcing The Pregnant Workers Fairness Act

Enacted last year, the Pregnant Workers Fairness Act (PWFA) went into effect on June 27, 2023. The Equal Employment Opportunity Commission (EEOC) began accepting PWFA charges on that date. EEOC Chair Charlotte Burrows...more

National Labor Relations Board Modifies Standard for Distinguishing Between Employees and Independent Contractors

The pendulum has swung again in the National Labor Relations Board’s (NLRB) continued effort to distinguish employees from independent contractors. In FedEx Home Delivery, 361 NLRB 610 (2014) (FedEx II), the NLRB held that...more

NLRB General Counsel Jennifer Abruzzo Issues New Suggested Manual Election Protocols

The National Labor Relations Board’s (NLRB) longstanding policy strongly favored manual representation elections. With the COVID-19 pandemic’s onset, the Board began permitting mail-ballot elections under the “extraordinary...more

EEOC Updates COVID-19 Technical Assistance

On May 11, the US Department of Health and Human Services ended its COVID-19 federal public health emergency declaration. Days later, the US Equal Employment Opportunity Commission (EEOC) followed up by updating its COVID-19...more

NLRB Makes it More Difficult for Employers to Defend Discipline for Offensive and Abusive Conduct

In another pro-employee decision, the National Labor Relations Board (NLRB) has held that the familiar Wright Line standard no longer governs cases involving employees disciplined for engaging in offensive or abusive conduct...more

Virginia Bans Non-Disclosure, Confidentiality, and Non-Disparagement Clauses Related to Sexual Harassment Claims in Employment...

This has been a banner year for employee-friendly legislation in the Commonwealth of Virginia. As previously reported, Governor Glenn Youngkin signed into law Senate Bill 1086, which requires covered employees to provide...more

NLRA Violators Must Compensate Aggrieved Employees for All Direct or Foreseeable Financial Harm that Results from Violations

For years, the National Labor Relations Board (NLRB) sought to make wronged employees whole for the consequences of a respondent’s unfair labor practices. Last week, in a 3–2 decision, the Board clarified that its available...more

Maryland Employers Take Note: State Mandates Reasonable Accommodations for All Job Applicants With a Disability

Last month, Maryland Governor Larry Hogan signed into law HB 78, which amends the state’s equal employment opportunity law to require employers to reasonably accommodate a job applicant’s known disability. ...more

DC City Council Enacts Major New Workplace Protections for Marijuana Users

Medical marijuana has been legal, in the District of Columbia, since 2010. And since 2015, the City has permitted adults to use marijuana recreationally. Earlier this month, the City Council went further by unanimously...more

DC Circuit Relaxes Standard for Title VII Plaintiffs

Over two decades ago, in Brown v. Brody, 199 F.3d 446, 457 (DC Cir. 1999), the DC Circuit held that an employer that discriminatorily denies or forces an employee to accept a job transfer violates Title VII only if the...more

Emotional Distress Damages Not Available in Private Rehabilitation and Affordable Care Act Discrimination Cases

Jane Cummings is blind and deaf, and she chiefly communicates using American Sign Language. When Cummings sought physical therapy from Premier Rehab Keller, P.L.L.C., she asked it to provide an American Sign Language...more

NLRB General Counsel Abruzzo Announces New Protocol Designed To Increase Immigrant Worker Protections

This week, in a memorandum addressed to all Regional Directors, Officers-in-Charge, and Resident Officers, the Board’s Office of the General Counsel announced a new protocol designed to advance immigrant worker protections to...more

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