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
The DOL Provides Additional Guidance on the PUMP Act

Following issuance of Frequently Asked Questions and an updated Fact Sheet on the Providing Urgent Maternal Protections for Nursing Mothers Act (“PUMP” Act) as discussed in our March 2023 E-Update, the U.S. Department of Labor has now released a Field Assistance Bulletin to provide additional clarification on how this new law should […]

May 31, 2023
More Drama and Uncertainty for the DOL’s 80/20 Tipped Employee Rule

The U.S. Court of Appeals for the Fifth Circuit has reversed a federal district court decision denying a request to preliminarily enjoin a final rule issued by the U.S. Department of Labor that reinstated the 80/20 rule applicable to tipped employees and further limited the amount of an employee’s non-tipped […]

May 31, 2023
Reasonable Accommodations Are Required as to Employer-Provided Benefits and Privileges of Employment

A recent case highlights and clarifies an oft-overlooked provision of the Americans with Disabilities Act – that employers must provide accommodations not only to enable employees with disabilities to perform the essential functions of their job, but also to enjoy equal benefits and privileges of employment as non-disabled employees. However, […]

May 31, 2023
What the End of the COVID-19 National Emergency Means for Employers

President Biden has signed legislation that ends the COVID-19 national emergency. Separately, the public health emergency that was declared by the U.S. Department of Health and Human Services will end on May 11, 2023. The end of these two emergency declarations have impacts on certain employee benefits (which is outside […]

April 28, 2023
Don’t Forget to Provide Another WARN Notice If the Employees’ Separation Date is Delayed

The federal Worker Adjustment and Retraining Notification Act requires certain employers to give 60 days’ written notice of mass layoffs and plant closings to impacted employees. A recent case reminds employers that if the original separation date is delayed, an updated WARN notice must be provided. The WARN Act requires […]

April 28, 2023
“Fractioning” a Job May Still Result in Liability Under Federal Anti-Discrimination Laws

An employer cannot automatically escape liability under federal anti-discrimination laws, including Title VII or the Age Discrimination in Employment Act, by dividing up an employee’s duties among others, according to the U.S. Court of Appeals for the Fifth Circuit. In order to assert a claim of discrimination under the ADEA […]

April 28, 2023

NEWS & EVENTS

Fiona Ong Appointed General Counsel of Maryland Chamber of Commerce

Fiona Ong was re-appointed General Counsel of the Maryland Chamber of Commerce and will serve on the Executive Committee. She is the first minority and second woman to serve in

Vlog: Employment Matters

Chad Horton was the presenter for the Employment Law Alliance’s Employment Matters Vlog #25 – New Employment Laws in Maryland. The Employment Law Alliance is a comprehensive global network of

Webinar: Maryland Newest Employment Laws

On May 3, 2023, Fiona Ong and Chad Horton, along with the Maryland Chamber of Commerce’s Senior Vice President of Government Affairs Andrew Griffin explained and provided guidance on complying

Teresa Teare Selected as Fellow of the Maryland Bar Foundation

We are delighted to announce that our co-Managing Partner Teresa Teare was selected to be a Fellow of the Maryland Bar Foundation. Fellowship in the Foundation is by invitation only

Webinar: Complying with Maryland’s New Employment Laws – 2023

Maryland’s General Assembly session just ended, with the passage of significant new employment legislation, including the expedited increase to a $15 minimum wage rate, modifications to the new Paid Family

Resource Guide

We are pleased to announce that the 2023 edition of The Legal 500: Employment & Labour Law Country Comparative Guide, for which we authored the U.S. chapter, is now available. A copy

Lindsey A. White moderated a panel for the ABA Section of Labor and Employment Law National Symposium

On April 20, 2023, Lindsey White moderated a panel for American Bar Association Section of Labor & Employment Law National Symposium on Technology in Labor and Employment Law on the

Lindsey A. White was quoted in a April 7, 2023 in Society for Human Resource Management Article

Lindsey White was quoted in a April 7, 2023 article by Allen Smith for the Society for Human Resource Management (SHRM.org), “When Fitness-for-Duty Examinations Are Allowed.” (Subscription may be required

Fiona Ong was quoted in an April 20, 2023 Law.com Article

Fiona Ong was quoted in an April 20, 2023 Law.com article by Trudy Knockless, “Businesses Are Paying Big Bucks in Response to Gender Stereotype Lawsuits.” (Subscription required for access).

Testimonials

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    Chambers 2022

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    Chambers 2016

  • Shawe Rosenthal “is known for a dedicated focus on labor and employment work, with significant strength in labor management relations, alternative dispute resolution, severance contracting and complex class actions.”

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    Chambers 2011

  • Sources say, “A first-class firm that listens to what we want to do and really helps us achieve our objectives.”

    Chambers 2011