The Equal Employment Opportunity Commission has a series of Q&A documents addressing particular disabilities in the workplace, one of which is an updated Hearing Disabilities in the Workplace and the Americans with Disabilities Act. For more, click here.
A divided panel of the U.S. Court of Appeals for the D.C. Circuit struck down three provisions of the National Labor Relations Board’s (“NLRB”) 2019 election rule (the “2019 Rule”) that amended policies and procedures related to union elections. In AFL-CIO v. NLRB, however, the D.C. Circuit, upheld two provisions and concluded that the rule, as a whole, was not arbitrary and capricious. The upheld provisions will be remanded to the federal district court where it will hear the AFL-CIO’s other arguments against the two provisions. For more, click here.
On January 10, 2023, the Equal Employment Opportunity Commission (“EEOC”) released its draft Strategic Enforcement Plan for 2023-2027, which gives employers valuable insight into the Commission’s top priorities in the coming years. While the draft plan is open for comment through February 9, (and you may submit comments here) the final plan is likely to look very similar to the current draft, which outlines four key subject matter priorities, in addition to numerous operational priorities. For more, click here.
Employers holding a problematic piece of evidence may be tempted to dispose of it, in the hopes that once it is gone, so too will any legal claims disappear. But such actions can result in much bigger problems for the employer, as the U.S. Court of Appeals for the Fifth […]
An employee who refused to be vaccinated against COVID-19 argued that his employer violated the Americans with Disabilities Act (ADA) by regarding him as having a disability. His claim, however, was rejected by the U.S. Court of Appeals for the Fifth Circuit. What the ADA Requires. The ADA prohibits discrimination […]
In our August 28, 2023 E-lert, we warned employers that the National Labor Relations Board’s decision in Cemex Construction Materials Pacific would be game-changing. One of the key points of that decision is that if the employer files a petition for election in response to a request for recognition but […]
In the past, the various federal workplace agencies – the Equal Employment Opportunity Commission, the National Labor Relations Board, and the Department of Labor (and its various divisions, including the Occupational Safety and Health Administration, the Wage-Hour Division, and the Office of Federal Contract Compliance Programs) – did not communicate. […]
As most Maryland employers know, recreational marijuana was legalized as of July 1, 2023. The law does not contain any workplace provisions, and employers (and employees!) wondered what their rights were with regard to testing and disciplining employees for marijuana use. Well, according to recently-released guidance from the newly-created Maryland […]
Following the Supreme Court’s recent overhaul of the undue hardship standard for religious accommodations requests under Title VII, which we discussed in our June 29, 2023 E-Lert, the U.S. Court of Appeals for the Fifth Circuit recently found that an employer failed to meet the heightened standard and, in so […]
Gary Simpler successfully defended a chemical manufacturer against a grievance in which the union challenged an employee’s termination. The arbitrator found that the company had just cause to terminate the
J. Michael McGuire and Maya Foster won an arbitration on behalf of a company on the issue of whether the company could count only hours actually worked towards overtime. The
Darryl McCallum was quoted in a October 9, 2023 National Law Journal article by Avalon Zoppo, “‘Gray Area’: Courts Grapple with Justices’ Religious Accommodation Rule.” (Subscription required for access). Darryl
J. Michael McGuire and Chad M. Horton presented a webinar, “NLRB Update 2023: Landscape-Altering Changes to Employee Handbook Standards, Paths to Unionization, and the Protected Concerted Activity Doctrine,” on September
Chambers’ 2023 Regional Employment Practice Guide, for which Shawe Rosenthal authored the Maryland Chapter, has been released. Our chapter provides a comprehensive overview of labor and employment law in the state. Chambers
J. Michael McGuire and Fiona W. Ong presented an update on NLRB developments and an overview of federal, D.C. and Maryland leave laws for the Associated Builders and Contractors of
Lindsey A. White and Veronica Yu Welsh won summary judgment in a case where the employee of a contractor attempted to sue a large corporation on the grounds that it
Parker E. Thoeni was quoted in an August 8, 2023 article by Simon Spichak for Fast Company, “‘I’m the only one still masking’: What it’s like to still be COVID-cautious
Fiona Ong was quoted in an August 10, 2023 article by Leah Shepherd for the Society for Human Resource Management (SHRM.org), “Stay Abreast of New Federal Regulations About to Arrive.”
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