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
Can Maryland Employers Test and Discipline for Recreational Marijuana Use?

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 […]

September 29, 2023
Denial of Religious Accommodation Requires Proof of “Substantial” Burden

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 […]

September 29, 2023
More Cooperation Among Federal Agencies – Which Means More Liability for Employers

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. […]

September 29, 2023
“Ultimate” Employment Actions May Not Be Necessary to Establish Title VII Liability

In order to establish a discrimination claim under Title VII, an employee must show, among other things, that they suffered some “adverse employment action.” Traditionally, courts have interpreted that to mean some “ultimate employment decision” (typically involving a direct economic impact, such as a lack of promotion or a termination). […]

August 31, 2023
NLRB Decisions Restrict Unionized Employers’ Ability to Act Unilaterally

In two companion decisions issued on August 30, 2023, the National Labor Relations Board (the Board) severely eroded unionized employers’ ability to unilaterally act in accordance with their past practice. The Board concluded in these cases that an employer will violate Section 8(a)(5) of the National Labor Relations Act (which […]

August 31, 2023
Immediate Action for Employers After NLRB’s Cemex Decision on Union Organizing

The NLRB’s August 25, 2023 Cemex decision drastically changed the rules concerning union organizing, as we discussed in detail in our August 28, 2023 E-lert.  Under the new rules, if an employer does not file an “RM” petition with the NLRB within two weeks of receiving a demand for recognition […]

August 31, 2023

NEWS & EVENTS

Shawe Rosenthal Attorneys Author Maryland Chapter of Chambers’ 2023 Regional Employment Practice Guide

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

Michael McGuire and Fiona Ong Present Update on NLRB Developments to ABC of Greater Baltimore

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 White and Veronica Yu Welsh win Motion for Summary Judgment

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 Thoeni Quoted for Fast Company

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 Quoted in Society for Human resource Management

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.”

Chad Horton Guest Speaker on US Employers

Chad M. Horton was a guest speaker for the August 24, 2023 installment of the Employment Law Alliance’s podcast series, Episode 516: US Employers – The NLRB Has Just Made

Fiona Ong Quoted in Law.com

Fiona Ong was quoted in an August 18, 2023 article by Chris O’Malley for Law.com, “Companies ‘Throwing Up Hands’ as DEI Risks Loom.” (Subscription may be required for access). Fiona

Fiona Ong Quoted in LA Times

Fiona Ong was quoted in an August 3, 2023 article by Don Lee for the Los Angeles Times, “Employers’ push to end remote work and return to office is stalling.”

Lindsey White appointed Co-Chair of Technology in the Practice and Workplace Committee

Lindsey A. White was appointed as the management-side Co-Chair of the Technology in the Practice and Workplace Committee for the American Bar Association’s Labor and Employment Law Section.

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