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.
At least, not when in-person attendance is an essential function of the job, according to the U.S. Court of Appeals for the Seventh Circuit (which further noted that it is generally an essential function of many jobs). Accordingly, requiring an employee to use her existing sick time to cover disability-related […]
Employers have watched with dismay as the National Labor Relations Board, under an admittedly pro-union President, issued opinions and rules that significantly promote the interests of unions over those of employers. The Board’s actions, however, may be challenged in court, and the U.S. Court of Appeals for the Fifth Circuit […]
As part of the corrective action process, some employers require employees to go to a company-provided Employee Assistance Program (EAP). Such programs are intended to offer resources and support to employees for their personal issues on a confidential basis, at no cost to the employee. The scope of services is […]
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 […]
Fiona Ong and Chad Horton conducted a webinar, “2023 NLRB Update: Recent Board Decisions Alter Landscape for Union and Non-Union Employers,” for the Maryland Automobile Dealers Association on November 7,
Fiona Ong has once again been recognized by Lexology as its “Legal Influencer” for U.S. – Employment, most recently for Q3 2023. Lexology publishes in excess of 450 legal articles
Lindsey White was invited to serve as Co-Chair for the Technology Track programs at the American Bar Association’s 18th Annual Section of Labor and Employment Law Conference, which will be
J. Michael McGuire was quoted in a November 9, 2023 Baltimore Business Journal article by Joe Ilardi, “‘Something’s Got to Give.’ Baltimore unions often face long waits – and tough
Teresa Teare was named to the Daily Record’s 2023 Employment Law Power List, which recognizes 25 of the most influential and respected employment attorneys in Maryland, as selected by the
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
"They provide practical, real-world-based solutions in a timely manner."
Each member of the Shawe Rosenthal team we have worked with has a high level of professionalism and each has a unique skill set that they bring to the team.
Shawe Rosenthal “offers tremendous expertise in litigation, regularly defending employers in disputes arising from discrimination claims, wrongful discharge issues and wage and hour work.”
Sources say, “This firm is extremely attentive and responsive to our needs. They handle complex and sophisticated matters.”
“The firm’s team is always eager to dive into complex matters quickly, efficiently, and effectively. They have deep experience and expertise.”
Shawe Rosenthal “maintains its exceptional reputation for taking on employment and labor matters for the management of leading companies.”
“This highly respected labor and employment boutique has a national presence and represents management in the full spectrum of labor and employment matters.”