On February 1, 2021, DC Mayor Bowser signed emergency legislation passed by the DC Council, requiring DC employers to “adopt and implement social distancing and worker protection policies to prevent transmission of COVID-19...more
2/17/2021
/ Anti-Retaliation Provisions ,
Coronavirus/COVID-19 ,
Employees ,
Employer Liability Issues ,
Employer Mandates ,
Injunctive Relief ,
Lost Wages ,
New Legislation ,
Policies and Procedures ,
Punitive Damages ,
Regulatory Mandates ,
State and Local Government ,
State Attorneys General ,
Workplace Safety
Under new legislation, almost all DC employers will be prohibited from entering into non-compete agreements or enforcing workplace policies that restrict DC employees from obtaining outside employment.
Non-compete...more
For employers, encouraging but not mandating employee COVID-19 vaccination avoids legal risks.
Organizations seeking to require vaccination of visitors need to consider public accommodation accessibility requirements....more
1/12/2021
/ Americans with Disabilities Act (ADA) ,
Anti-Discrimination Policies ,
Centers for Disease Control and Prevention (CDC) ,
Coronavirus/COVID-19 ,
Emergency Use Authorization (EUA) ,
Employer Mandates ,
Equal Employment Opportunity Commission (EEOC) ,
Food and Drug Administration (FDA) ,
Guidance Update ,
OSHA ,
Public Accommodation ,
Reasonable Accommodation ,
Religious Exemption ,
Title VII ,
Vaccinations ,
Workplace Safety
A review of key legal developments for nonprofit organizations at the federal and state levels in 2019 and 2020.
Antitrust enforcement continues against nonprofits.
Nonprofits have litigated in other areas, including...more
1/4/2021
/ Anti-Competitive ,
Board of Directors ,
Breach of Contract ,
CARES Act ,
Certification Requirements ,
Class Action ,
Department of Justice (DOJ) ,
Failure To State A Claim ,
False Advertising ,
First Amendment ,
Health Insurance Portability and Accountability Act (HIPAA) ,
Internal Revenue Code (IRC) ,
IRS ,
Lanham Act ,
Motion to Dismiss ,
Nonprofits ,
Opioid ,
Paycheck Protection Program (PPP) ,
Price-Fixing ,
RICO ,
SBA ,
Sherman Act ,
Trade Associations ,
Unjust Enrichment
Late on December 27, 2020, President Trump signed into law an omnibus stimulus bill. The new legislation contained much needed extensions of unemployment benefits that have supported many Americans who have experienced...more
12/30/2020
/ Coronavirus/COVID-19 ,
Corporate Counsel ,
Department of Labor (DOL) ,
Employees ,
Employer Liability Issues ,
Fair Labor Standards Act (FLSA) ,
Families First Coronavirus Response Act (FFCRA) ,
Financial Stimulus ,
IRS ,
New Legislation ,
Paid Leave ,
Relief Measures ,
Sick Leave ,
Tax Credits ,
Trump Administration
Prolonged work-from-home status for employees who live in a different jurisdiction than their assigned office can generate new tax and employment law compliance obligations for employers.
Employers with employees who...more
12/1/2020
/ Connecticut ,
Coronavirus/COVID-19 ,
Income Taxes ,
IRS ,
Maryland ,
New Guidance ,
New Jersey ,
New York ,
Popular ,
Remote Working ,
Telecommuting ,
Unemployment Insurance ,
Virginia ,
Withholding Requirements
The Department of Labor, Office of Federal Contract Compliance Programs (OFCCP) issued guidance concerning recently issued Executive Order 13950 (EO) which prohibits federal contractors from including certain concepts related...more
Executive Order 13950 (EO) prohibits federal contractors from including “divisive” concepts related to race and sex stereotypes in workplace trainings.
The EO will require all federal contracts to include a prohibition on...more
New standard grants more leeway to employers to prohibit abusive conduct, even in connection with otherwise protected, concerted activity.
The Board’s new standard will allow employers more predictability and discretion to...more
Virginia employers must comply with a host of new employment laws.
Virginia has enacted a number of significant changes to its employment laws to establish new protections and rights for employees.
These changes...more
Virginia has adopted mandatory and specific occupational safety and health regulations applicable to employers in the Commonwealth.
Virginia adopted an emergency temporary standard, the first in the nation, that requires...more
7/24/2020
/ Anti-Discrimination Policies ,
Anti-Retaliation Provisions ,
Compliance ,
Coronavirus/COVID-19 ,
Employer Liability Issues ,
Employer Mandates ,
Personal Protective Equipment ,
Social Distancing ,
Temporary Regulations ,
Virus Testing ,
Workplace Safety
This client alert discusses the Coronavirus-related workplace safety mandates adopted by the Commonwealth of Virginia.
Virginia has adopted statewide emergency workplace safety standards, the first in the nation, to...more
The U.S. Supreme Court held that Title VII’s prohibition against sex discrimination encompasses a prohibition against employment discrimination on the basis of sexual orientation or gender identity.
Employers who were not...more
6/23/2020
/ Altitude Express Inc v Zarda ,
Bostock v Clayton County Georgia ,
Civil Rights Act ,
EEOC v RG & GR Harris Funeral Homes ,
Employer Liability Issues ,
Gender Identity ,
Hiring & Firing ,
LGBTQ ,
SCOTUS ,
Sex Discrimination ,
Sexual Orientation ,
Sexual Orientation Discrimination ,
Title VII ,
Transgender
Returning to the office may be a welcome change for employers and employees growing weary of remote work. But employers must comply with legal requirements for keeping their staff safe onsite — some of which they may never...more
6/12/2020
/ Centers for Disease Control and Prevention (CDC) ,
Coronavirus/COVID-19 ,
Employer Responsibilities ,
High Risk Covid Employees ,
Interim Guidance ,
New Guidance ,
OSHA ,
Personal Protective Equipment ,
Public Health Emergency ,
Re-Opening Guidelines ,
Remote Working ,
Shelter-In-Place ,
Telecommuting ,
Workplace Safety
As states reopen and employees return to work, OSHA updates its interim enforcement plan and issues revised guidance that requires all employers to investigate whether employee COVID-19 illnesses were contracted in the...more
Employers who plan to resume business operations and return employees to the physical workplace after the relaxation of COVID-19 stay-at-home orders must consider how to best balance the reopening of their businesses with the...more
5/4/2020
/ Americans with Disabilities Act (ADA) ,
Anti-Discrimination Policies ,
CBAs ,
Centers for Disease Control and Prevention (CDC) ,
Coronavirus/COVID-19 ,
Discrimination ,
EFMLA ,
EPSLA ,
Equal Employment Opportunity Commission (EEOC) ,
Fair Labor Standards Act (FLSA) ,
Families First Coronavirus Response Act (FFCRA) ,
Non-Essential Businesses ,
OSHA ,
Personal Protective Equipment ,
Re-Opening Guidelines ,
Shelter-In-Place ,
Social Distancing ,
Telecommuting ,
Workplace Safety
EEOC FAQs provide additional guidance on complying with Americans with Disability Act requirements while safeguarding against COVID-19 transmission.
EEOC greenlights employer-administered COVID-19 testing and temperatures...more
4/28/2020
/ Americans with Disabilities Act (ADA) ,
Centers for Disease Control and Prevention (CDC) ,
Coronavirus/COVID-19 ,
Employment Discrimination ,
Equal Employment Opportunity Commission (EEOC) ,
Food and Drug Administration (FDA) ,
Health Insurance Portability and Accountability Act (HIPAA) ,
New Guidance ,
OSHA ,
Re-Opening Guidelines ,
Reasonable Accommodation ,
Remote Working ,
Virus Testing ,
Workplace Safety
The latest wave of COVID-19 restrictions requires many Americans to wear face coverings in public, and employers to provide them.
Cities and states are ordering compliance with the CDC’s recommendation of face coverings in...more
Depending on size and tax-exemption status, nonprofit organizations may be eligible for federal relief.
Nonprofit organizations can qualify for financial relief under certain provisions of the CARES Act, which is designed to...more
4/10/2020
/ Affiliated-Business Arrangements ,
Affiliates ,
Board of Directors ,
Business Interruption ,
CARES Act ,
Coronavirus/COVID-19 ,
Economic Injury Disaster Loans ,
Electronic Records ,
Employee Retention ,
Executive Compensation ,
Federal Loans ,
Financial Stimulus ,
Health Insurance ,
Lenders ,
Nonprofits ,
Paycheck Protection Program (PPP) ,
Payroll Taxes ,
Relief Measures ,
SBA ,
SBA Lending Programs ,
Shareholders ,
Shelter-In-Place ,
Small Business ,
Social Distancing ,
Stocks ,
Tax Relief
New DOL questions and answers provide much needed clarity to employers struggling to understand this new law.
Documentation of the employee’s need to take FFCRA leave is required for employers to claim a tax credit.
...more
Force majeure and other important considerations for nonprofits.
Nonprofit organizations should carefully review their event contracts before deciding whether to cancel due to COVID-19, in order to ascertain potential...more
Published materials, including questions and answers and the required workplace poster, are now available.
The U.S. Department of Labor has clarified that the federal Families First Coronavirus Response Act (FFCRA) is to...more
- Effective immediately, New York State employees unable to work due to the “stay at home” orders have job protection during the isolation period.
- Many employees in New York State will be entitled to paid sick leave...more
COVID-19 raises potential employment law compliance issues under several areas of U.S. federal, state and local statutes.
A host of federal, state, and local laws place limits on how employers may implement infection...more
3/9/2020
/ Americans with Disabilities Act (ADA) ,
Anti-Discrimination Policies ,
Best Practices ,
Centers for Disease Control and Prevention (CDC) ,
Coronavirus/COVID-19 ,
Emergency Management Plans ,
Employer Liability Issues ,
Fair Labor Standards Act (FLSA) ,
Family and Medical Leave Act (FMLA) ,
Infectious Diseases ,
OSHA ,
Policies and Procedures ,
Public Health ,
Risk Management ,
Serious Health Conditions ,
Traveling Employee ,
Wage and Hour ,
Workplace Safety
- Employees working for covered employers in the District of Columbia will become eligible for Universal Paid Leave benefits as of July 1, 2020.
- Employers’ notice obligations to employees began on February 1, 2020.
-...more