On January 11, 2021, Mayor Muriel Bowser signed into law the Ban on Non-Compete Agreements Amendment Act of 2020, passed by the Council of the District of Columbia in December 2020.
Update: The law will now be published...more
Last week, the Equal Employment Opportunity Commission (the EEOC) proposed two final rules: One under the Americans with Disabilities Act (the ADA), and the other under the Genetic Information Nondiscrimination Act (GINA). ...more
1/15/2021
/ Americans with Disabilities Act (ADA) ,
Civil Rights Act ,
Coronavirus/COVID-19 ,
Equal Employment Opportunity Commission (EEOC) ,
Final Rules ,
GINA ,
Incentives ,
Reasonable Accommodation ,
Title VII ,
Vaccinations ,
Wellness Programs ,
Workplace Safety
On December 15, 2020, the Council of the District of Columbia passed a bill that, if enacted into law, would largely ban employers from requiring their D.C. employees to sign non-compete agreements.
If the bill is not...more
On December 31, 2020, the Administrator of the Department of Labor’s Wage and Hour Division issued an opinion letter addressing whether certain travel time that occurs on a partial telework day is compensable under the FLSA....more
In a major setback for the Trump administration, US District Court Judge Beth Labson Freeman, of the US District Court for the Northern District of California, issued a nationwide injunction, barring the federal government...more
After months of debate, Congress has passed, and President Trump is expected to sign, a COVID-19 relief, appropriations, and tax bill. Doubtlessly, the Bill, which is nearly 6,000 pages long, will undergo much scrutiny and...more
On November 17, 2020, the US Equal Employment Opportunity Commission (EEOC) announced that it is seeking public input on its updated Compliance Manual Section on Religious Discrimination (the Manual).
According to the...more
Government contractors may wish to seek further legal review of all diversity and inclusion training materials used.
On September 22, 2020, the White House issued Executive Order 13950, entitled “Executive Order on...more
A “neutrality agreement” is generally one in which an employer agrees neither to assist nor oppose a union organizing campaign.
In practice, though, some agreements require the employer’s active support. Not only that, but...more
Yesterday, the US Equal Employment Opportunity Commission updated its technical assistance document, What You Should Know About COVID-19 and the ADA, Rehabilitation Act, and Other EEO Laws.
The update incorporates...more
9/10/2020
/ Americans with Disabilities Act (ADA) ,
Centers for Disease Control and Prevention (CDC) ,
Coronavirus/COVID-19 ,
EEO ,
Equal Employment Opportunity Commission (EEOC) ,
Food and Drug Administration (FDA) ,
Furloughs ,
GINA ,
Guidance Update ,
Layoffs ,
New Guidance ,
Reasonable Accommodation ,
Rehabilitation Act ,
Virus Testing
The Administrator of the U.S. Department of Labor’s Wage and Hour Division (the WHD) issued an Opinion Letter on August 31, 2020, holding that an employee’s work hours do not have to fluctuate above and below 40 per workweek...more
The Families First Coronavirus Response Act allows eligible employees to take up to two weeks of paid sick leave and up to 12 weeks of expanded family and medical leave – 10 paid – for specified reasons related to the...more
On August 24, 2020, the US Department of Labor (DOL) issued Field Assistance Bulletin No. 2020-5 addressing employer obligations for tracking time worked by remote workforces.
The guidance is timely, given the transition...more
On August 13, Mayor Muriel Bowser signed into law the “Protecting Businesses and Workers from COVID-19 Emergency Amendment Act of 2020.”
Under it, District of Columbia employers must have, by August 20, adopted and...more
On August 3, 2020, in a lawsuit filed by the State of New York, United States District Court Judge J. Paul Oetken of the United States District Court for the Southern District of New York issued an opinion and order (Order)...more
8/12/2020
/ Coronavirus/COVID-19 ,
Department of Health and Human Services (HHS) ,
Department of Labor (DOL) ,
Employee's Childcare ,
Families First Coronavirus Response Act (FFCRA) ,
Family and Medical Leave Act (FMLA) ,
Health Care Providers ,
Intermittent Leave ,
Leave of Absence ,
Paid Leave ,
Paid Sick Leave
On August 5, the EEOC released new technical assistance for employees that addresses the interplay between the Americans with Disabilities Act and opioid use.
The document, entitled Use and Misuse of Codeine, Oxycodone,...more
This is our fifth and final Alert on Virginia’s groundbreaking emergency, temporary COVID-19 workplace safety standard.
In the first, we summarized the standard’s general employer mandates. In the second, we covered...more
After nearly nine years of litigation, Burlington Coat Factory agreed to pay $19.6 million to end a collective action and a putative class action alleging claims for misclassification and unpaid overtime wages.
The cases...more
This is our fourth Alert that addresses Virginia’s groundbreaking emergency, temporary COVID-19 workplace safety standard.
In the first, we summarized the standard’s general employer mandates. In the second, we covered...more
This is our third Alert that addresses Virginia’s groundbreaking emergency, temporary COVID-19 workplace safety standard.
The first summarized the standard’s mandates for all covered employers. The second addressed the...more
In another pro-employer opinion, the National Labor Relations Board (the NLRB) changed the law and held that cases involving employees disciplined for engaging in offensive or abusive conduct, including making profane,...more
In our previous Alert, we summarized general employer mandates contained in Virginia’s groundbreaking emergency, temporary COVID-19 workplace safety standard.
Today, we focus on a mandate applicable to covered employers...more
Last week, Virginia Governor Ralph Northam announced the nation’s first statewide COVID-19 workplace safety standard.
Northam said, “Workers should not have to sacrifice their health and safety to earn a living, especially...more
Earlier today, the US Department of Labor published helpful additional guidance for employees and employers in the following links on how the provisions of the Fair Labor Standards Act (FLSA), the Family and Medical Leave Act...more
As reported here previously, the District of Columbia Council passed the Universal Paid Leave Amendment Act of 2016, which was signed into law on February 17, 2017. On July 1, 2019, the District began collecting taxes from...more