On November 16, 2022, Congress passed the Speak Out Act, which garnered bipartisan support in both the House and the Senate. President Biden signed the legislation on Wednesday, December 7, 2022....more
On October 20, the Equal Employment Opportunity Commission (EEOC) issued a new mandatory poster that must be placed in a conspicuous location in the workplace where notices to applicants and employees are customarily...more
The Age Discrimination in Employment Act (ADEA) prohibits employers from discriminating against or discharging any individual because of such person’s age. There is, however, a narrow exemption to this prohibition for...more
On October 4, the Fourth Circuit Court of Appeals (which includes Maryland, Virginia, West Virginia, North Carolina, and South Carolina) affirmed a lower court’s grant of summary judgment to an employer, in part, based...more
Across the United States, many employers have moved to a remote or flexible (often called hybrid) working schedule to attract and retain employees. Employers have also found that allowing employees to work remotely has...more
On August 15 in Roberts v. Gestamp W. Va., LLC, the Fourth Circuit Court of Appeals (which includes North Carolina, South Carolina, and Virginia) concluded that a jury must decide whether an employee’s Facebook message to his...more
The Americans with Disabilities Act (ADA) requires covered employers, absent an undue hardship, to provide a reasonable accommodation to an otherwise qualified individual who meets the definition of disabled. A...more
A non-competition agreement (or “non-compete”) is an agreement between an employer and employee where the employee agrees not to engage in “competitive activity” for a defined term and geographic scope. These agreements can...more
The Family and Medical Leave Act (FMLA) requires employers with 50 or more employees to provide eligible employees with 12 weeks of unpaid, job-protected leave in a 12-month period. There are very specific eligibility and...more
Artificial intelligence (AI) can help streamline business processes making workers more efficient and driving costs down for the consumer. What happens, though, when an employer uses AI in hiring decisions?...more
6/10/2022
/ Americans with Disabilities Act (ADA) ,
Artificial Intelligence ,
Disability Discrimination ,
Employer Liability Issues ,
Equal Employment Opportunity Commission (EEOC) ,
Essential Functions ,
Hiring & Firing ,
Job Applicants ,
Medical Examinations ,
New Guidance ,
Reasonable Accommodation
Employers recognize that creating a welcoming and diverse workplace enhances performance. But what happens when employees file discrimination or harassment charges? The Equal Employment Opportunity Commission (the “EEOC”) is...more
5/25/2022
/ Anti-Discrimination Policies ,
Anti-Harassment Policies ,
Employer Liability Issues ,
Employment Discrimination ,
Equal Employment Opportunity Commission (EEOC) ,
Information Requests ,
Interviews ,
Mediation ,
Sexual Harassment ,
Webinars ,
Witnesses
In October 2021, a California federal jury awarded $137 million to a former contract employee who worked for Tesla. The jury found Tesla liable for creating a racially hostile work environment and awarded the employee $6.9...more
In order for an employee to allege a recognizable claim of employment discrimination under Title VII, he or she must claim that they suffered an “adverse employment action.” This term means some negative consequence resulting...more
Each state is governed either directly by the federal Occupational Safety and Health Administration or develops and implement its own state plan for workplace safety that is required to be at least as effective as federal...more
On December 27, the Occupational Safety and Health Administration issued a statement announcing the withdrawal of the non-recordkeeping portions of its health care emergency temporary standard (ETS). OSHA originally announced...more
12/30/2021
/ Coronavirus/COVID-19 ,
Covered Employer ,
Employer Mandates ,
Health Care Providers ,
Healthcare Facilities ,
Healthcare Workers ,
OSHA ,
Temporary Regulations ,
Vaccinations ,
Virus Testing ,
Workplace Safety
On November 12, the United States Court of Appeals for the Fifth Circuit issued an order staying the enforcement and implementation of the Occupational Safety and Health Administration’s vaccinate-or-test emergency temporary...more
11/17/2021
/ Appeals ,
Appellate Courts ,
Biden Administration ,
Centers for Medicare & Medicaid Services (CMS) ,
Coronavirus/COVID-19 ,
Covered Employer ,
Employer Mandates ,
Executive Orders ,
OSHA ,
Statutory Authority ,
Stays ,
Temporary Regulations ,
Vaccinations ,
Virus Testing ,
Workplace Safety
On November 4, the federal government announced new vaccine requirements for health care workers issued by the Centers for Medicare & Medicaid Services (CMS). Here is what health care employers need to know...more
On November 4, the Department of Labor’s Occupational Safety and Health Administration released the details for its emergency temporary standard requiring all employers with 100 or more employees to develop, implement, and...more
Last week, the First Circuit Court of Appeals rejected challenges to a Maine emergency rule requiring that health care workers be vaccinated against COVID-19. Originally scheduled to take effect on August 12, 2021, all Maine...more
10/29/2021
/ Constitutional Challenges ,
Coronavirus/COVID-19 ,
Healthcare Facilities ,
Healthcare Workers ,
OSHA ,
Religious Accommodation ,
Religious Discrimination ,
State and Local Government ,
State Constitutions ,
Title VII ,
Vaccinations
On September 9, President Joe Biden announced that his administration would implement a mandatory COVID-19 vaccinate-or-test policy for all private employers in the U.S. with 100 or more employees. The mandate will be put in...more
On October 4, a California federal jury awarded $137 million to a former contract employee who worked for Tesla. At trial, the plaintiff testified that he was repeatedly called the N-word while at work, regularly heard racial...more
10/8/2021
/ Corporate Counsel ,
Employment Litigation ,
Harassment ,
Hostile Environment ,
Internal Investigations ,
Jury Verdicts ,
Policies and Procedures ,
Race Relations ,
Racist Remarks ,
Slurs ,
Tesla
On September 9, President Joe Biden announced plans to chart a “Path out of the Pandemic” given the recent rise of COVID-19 cases in the United States. In order to achieve the top priority of vaccinating as many Americans as...more
9/17/2021
/ Biden Administration ,
Coronavirus/COVID-19 ,
Employer Mandates ,
Executive Orders ,
Federal Acquisition Regulations (FAR) ,
Federal Contractors ,
Federal Employees ,
Infectious Diseases ,
OSHA ,
Private Sector ,
Temporary Regulations ,
Vaccinations ,
Workplace Safety