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.
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 […]
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. […]
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). […]
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 […]
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 […]
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.”
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 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 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 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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