Articles

In the context of the COVID-19 pandemic, many employees suddenly began working remotely – and as we move into a new normal, many employees would like to continue telecommuting. However, from a legal standpoint, employers need not agree to continued remote work unless it is required as a reasonable accommodation […]

National Labor Relations Board (“NLRB”) General Counsel (“GC”) Jennifer Abruzzo announced that she will crack down on employers’ increasing use of automated technologies and electronic management systems. In General Counsel Memorandum 23-02, the GC stated her belief that employers’ use of these technologies can violate the National Labor Relations Act. […]

Congress has passed and President Biden is expected to sign the “Speak Out Act” into law, thereby prohibiting nondisclosure and nondisparagement provisions in pre-dispute employment agreements. While symbolic, the practical effect of this law for employers is quite limited. For more, click here. What the Act Says. The Act is […]

The federal Equal Employment Opportunity Commission has released a new “Know Your Rights” poster (dated October 20, 2022) that replaces the prior “EEO is the Law” poster and supplement, which employers with 15 or more employees are required to display in the workplace. The new poster consists of two pages […]

The White House has issued a “Fall Playbook for Businesses to Manage COVID-19 and Protect Workers,” with a list of recommendations for employers to keep their workforces safe in light of the anticipated rise in COVID-19 infections this fall and winter. These recommendations include the following: Help employees access updated […]

Employee or independent contractor? The determination has consequences for various “stakeholders.” Unions legally may organize employees, but not independent contractors. Companies must withhold taxes from employee pay; not so with independent contractors, who are responsible for making these payments on their own. The government as a “stakeholder” experiences less “tax […]

It was another active month for government contractors and subcontractors. The U.S. Department of Labor and its Office of Federal Contract Compliance Programs (OFCCP) have taken the following actions: Extended Deadline for Objections to the Release of EEO-1 Reports. As we discussed in our August 2022 E-Update, the OFCCP issued […]

According to the U.S. Court of Appeals for the Eleventh Circuit, the answer is “Yes.” But that answer comes with caveats. The ADA. The Americans with Disabilities Act protects employees with disabilities; however, not every impairment constitutes a disability. Employers are entitled to evidence to support the disability. Most often, […]

In several recent cases, the National Labor Relations Board reminds employers that illegal retaliation against a worker can occur even if they were not directly involved in the protected actions of others – whether co-workers or unions. Protected Concerted Activity. The National Labor Relations Act gives employees, whether unionized or […]

In a case of first impression, the United States District Court for the District of Maryland concluded that independent schools receiving a 501(c)(3) tax exemption is the substantial equivalent of receiving a cash grant from the government in the amount of tax otherwise owed, which subjects them to the requirements […]