Management's Workplace Lawyers

March 2017 E-Update

March 31, 2017

Shawe Rosenthal "Runs Point" on Comments on the EEOC's Proposed Harassment Guidance

Shawe Rosenthal, in conjunction with four other law firms, led the effort on behalf of the Employment Law Alliance (of which we are a member) to submit written comments on the Equal Employment Opportunity Commission’s Proposed Enforcement Guidance on Unlawful Harassment

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Supreme Court Finds Lafe Solomon Improperly Served as NLRB General Counsel

The U.S. Supreme Court found that the National Labor Relations Board’s Acting General Counsel, Lafe Solomon, improperly served in that capacity from 2011-2013, while awaiting Senate confirmation. 

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Two Appellate Courts Find Sexual Orientation Discrimination Is Not Covered by Title VII

This month, two separate U.S. Circuit Courts of Appeals, the 2nd and the 11th, each held that Title VII’s prohibition on sex discrimination does not include sexual orientation discrimination – a holding directly at odds with the Equal Employment Opportunity Commission’s position. 

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Maryland Jury Duty Law Clarified by Federal Court

The U.S. District Court for the District of Maryland recently offered some clarification as to the provisions of Maryland’s jury duty law. 

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NLRB Reiterates that Email May Be Used for NLRA Protected Communications.

Despite the employer’s request to reconsider its decision, the National Labor Relations Board has reaffirmed its position that employees have a presumptive right to use an employer’s email system to engage in union-related and certain other protected communications under the National Labor Relations Act. 

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Applying Tip Credit to Non-Tipped Work May Violate Minimum Wage Requirement.

The U.S. Court of Appeals for the 10th Circuit held that an employer may not take a tip credit for the time an employee spends performing non-tipped work, if such work exceeds 20% of the employee’s regular workweek. 

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Maryland Federal Court Emphasizes Obligation to Reassign Disabled Employee.

The U.S. District Court for the District of Maryland recently reiterated the broad extent of the employer’s obligation to reassign a disabled employee as a reasonable accommodation under the American with Disabilities Act and the state antidiscrimination law. 

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Federal Circuit Split on Whether Dodd-Frank Protects Internal Whistleblowers.

Deepening a U.S. Circuit Court split on the issue, the U.S. Court of Appeals for the 9th Circuit found that the anti-retaliation provisions of the Dodd-Frank Wall Street Reform and Consumer Protection Act apply to whistleblowers making internal complaints, and not just those who report directly to the Securities and Exchange Commission. 

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TOP TIP: Requiring Disclosure of Legally Prescribed Medications May Violate the ADA

As the U.S. Court of Appeals for the 10th Circuit recently reminded us, an employer’s general requirement that employees disclose their use of legally prescribed medications could violate the Americans with Disabilities Act.

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