Noteworthy

Hey Employers – This Is What Federal Agencies Are Planning to Do in 2023!

Happy New Year – or is it for employers? The federal agencies are planning a slew of actions that will impact the workplace, some of which may pose interesting challenges for businesses. For more, click here.

January 31, 2023
The EEOC Updates Its Resource Document for Hearing Disabilities in the Workplace

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.

January 31, 2023
D.C. Circuit Strikes Down Three Provisions of NLRB’s 2019 Election Rule

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.

January 31, 2023
The EEOC’s Proposed Strategic Enforcement Plan – What Employers Can Expect for the Next Four Years

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.

January 31, 2023
Why Do You Need a Handbook Disclaimer and What Should Be In It Anyway?

A recent Alabama state court decision offers valuable lessons to all employers with employee handbooks (not just those in Alabama) on the importance of a properly drafted handbook disclaimer. For more, click here.

January 31, 2023
Support/Service Animals in the Workplace – What Should Employers Do? by Courtney Amelung,

Support/Service Animals in the Workplace – What Should Employers Do? by Courtney Amelung,

January 25, 2023
“Unlimited Sick Time, Without Penalty, Is Not a Reasonable Accommodation”

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 […]

November 30, 2023
Court Rejects NLRB’s Decision that Company Uniforms Are Presumptively Unlawful

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 […]

November 30, 2023
Employers – Be Careful with Those Mandatory EAP Referrals!

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 […]

November 30, 2023
So, the Destruction of Evidence Is Not a Good Idea…

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 […]

October 27, 2023
An Employee Who Refuses the COVID Vaccine Is Not Protected by the ADA

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 […]

October 27, 2023
Cemex Alert! Employer Ordered to Bargain Despite Winning Its Union Election

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 […]

October 27, 2023

NEWS & EVENTS

Fiona Ong and Chad Horton conducted a webinar for the Maryland Automobile Dealers Association on November 7, 2023

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”

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

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

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

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 L. Simpler Successfully Defended A Chemical Manufacturer in a Termination Arbitration

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

Michael McGuire and Maya Foster Won An Overtime Arbitration

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 Quoted in National Law Journal

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

Webinar: 2023 NLRB Update Recent Board Decisions Alter Landscape for Union and Non-Union Employers

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

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