Yesterday, the National Labor Relations Board reversed course and held that employers may discipline employees represented by a newly elected union before a collective bargaining agreement is negotiated, and without having to...more
Many states and localities have issued stay-at-home orders, and have closed on-site business operations to all but essential businesses and their employees. To enable employers to navigate those restrictions, we provide below...more
Yesterday, the EEOC answered a question that has perplexed employers for weeks: Under the ADA, may employers require antibody testing before they permit employees to re-enter the workplace?
An antibody test is a medical...more
In a landmark ruling issued during Pride month, the United States Supreme Court ruled that Title VII of the Civil Rights Act of 1964 prohibiting gender discrimination in employment, bars employers from discriminating against...more
6/16/2020
/ 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
With the economy reopening, on June 11, 2020, the EEOC updated its COVID-19 Technical Assistance Publication — What You Should Know About COVID-19 and the ADA, the Rehabilitation Act, and Other EEO Laws — to identify concerns...more
6/15/2020
/ Age Discrimination ,
Americans with Disabilities Act (ADA) ,
Coronavirus/COVID-19 ,
EEO ,
Equal Employment Opportunity Commission (EEOC) ,
Harassment ,
High Risk Covid Employees ,
Medical Examinations ,
Pregnancy Discrimination ,
Public Health Emergency ,
Race Discrimination ,
Re-Opening Guidelines ,
Reasonable Accommodation ,
Rehabilitation Act ,
Remote Working ,
Title VII ,
Virus Testing
Many states and localities have issued stay-at-home orders, and have closed on-site business operations to all but essential businesses and their employees. To enable employers to navigate those restrictions, we provide below...more
After facing several hurdles, effective June 1, 2020, the National Labor Relations Board (NLRB) has finally implemented a host of changes to its rules and regulations governing representation elections.
The NLRB is the...more
Recently, while attention has understandably been focused on employment issues arising out of the COVID-19 pandemic, the Maryland legislature has passed several non-pandemic pro-employee laws that were not vetoed by Governor...more
Alabama’s Safer at Home Order, issued on May 8, 2020, encourages everyone in the state to minimize travel beyond the home, especially if sick; wear a face covering around people from other households; frequently wash their...more
5/22/2020
/ Business Closures ,
Coronavirus/COVID-19 ,
Employer Liability Issues ,
Employer Responsibilities ,
Executive Orders ,
Non-Essential Businesses ,
Operators of Essential Services ,
Re-Opening Guidelines ,
Shelter-In-Place ,
Work Restrictions ,
Workplace Safety
On May 20, 2020, the US Department of Labor (DOL) announced a final rule that clarifies that payments in addition to the fixed salary are compatible with the use of the fluctuating workweek method under the Fair Labor...more
5/21/2020
/ Bonuses ,
Compensation & Benefits ,
Department of Labor (DOL) ,
Employee Benefits ,
Fair Labor Standards Act (FLSA) ,
Final Rules ,
Fluctuating Workweek ,
Hazard Pay ,
New Guidance ,
Popular ,
Re-Opening Guidelines ,
Sales Commissions
On May 18, the US Department of Labor’s Wage and Hour Division (WHD) announced a final rule to provide a single analysis for all employers when determining whether they qualify as “retail or service” establishments for...more
On April 27, 2020, the US Department of Labor (DOL) issued Unemployment Insurance Program Letter No. 18-20 (the Guidance) to provide states with instructions on implementing the emergency unemployment relief provisions in...more
Earlier today, the Equal Employment Opportunity Commission (EEOC) posted an updated and expanded technical assistance publication addressing questions arising under the Federal Equal Employment Opportunity Laws related to the...more
We previously reported on how the federal Worker Adjustment and Retraining Notification Act (WARN) and its state law equivalents would apply to layoffs, furloughs, and closings during the coronavirus pandemic.
The US...more
Many states and localities have issued stay-at-home orders, and have closed on-site business operations to all but essential businesses and their employees. To enable employers to navigate those restrictions, we provide below...more
As government officials begin to discuss reopening the economy, apparel brands should think about what preventative measures need to be implemented prior to reopening their retail locations across the country. While these...more
5/4/2020
/ Compliance ,
Coronavirus/COVID-19 ,
Customers ,
Employment Policies ,
Fashion Industry ,
Logistics ,
Personal Protective Equipment ,
Privacy Policy ,
Re-Opening Guidelines ,
Social Distancing ,
Supply Chain
Earlier this month, the Occupational Safety and Health Administration (OSHA) issued two memoranda detailing the agency’s plan for conducting enforcement actions during the COVID-19 pandemic.
On April 13, OSHA released an...more
Yesterday, the Equal Employment Opportunity Commission (EEOC) addressed two important issues that have vexed employers during the COVID-19 pandemic:
May employers administer a COVID-19 test — a test to detect the presence...more
On April 15, Mayor Muriel Bowser extended Washington, DC’s state of emergency and public health emergency through May 15, 2020.
The Mayor’s Order also mandates protocols for certain facilities and residences in which the...more
On April 15, Virginia Governor Ralph Northam extended the life of several COVID-19 emergency measures.
Executive Order 53, which bans crowds of more than 10 people; closes recreation, entertainment, and personal care...more
On April 17, the Equal Employment Opportunity Commission again updated and expanded its prior guidance on legal issues related to the COVID-19 pandemic. Below is what you need to know most from the EEOC’s new FAQs....more
On April 15, to further stem the spread of COVID-19, Maryland Governor Larry Hogan issued a new face-covering and physical-distancing Order. Here are the highlights....more
Governor Ralph Northam has approved a new statute that broadens the legal protection available to whistleblowers. Before the new law, whistleblowers had limited legislative protection and the state’s wrongful discharge tort...more
Last week, Virginia Governor Ralph Northam signed into law the Virginia Values Act. Effective July 1, 2020, the new statute broadly expands the state’s Human Rights Act to prohibit sexual orientation and gender identity...more
Last week, Gov. Ralph Northam approved a spate of new pro-employee laws covering a broad array of matters.
“Every Virginian deserves access to a safe and well-paying job,” explained the Governor....more
4/16/2020
/ Business Closures ,
Centers for Disease Control and Prevention (CDC) ,
Coronavirus/COVID-19 ,
Critical Infrastructure Sectors ,
Executive Orders ,
Governor Northam ,
Operators of Essential Services ,
Professional Services Companies ,
School Closures ,
Shelter-In-Place ,
State of Emergency