Articles

A recent case reiterates the point that, under the Americans with Disabilities Act, it is not possible for an employer to discriminate against an employee for a disability of which it did not know, and that it need not provide accommodations for the unknown disability. Moreover, an employer need not […]

On February 15, 2023, Sean Marshall, Regional Director of Region 5 of the National Labor Relations Board (NLRB or Board) met with a group of labor and management practitioners at an event hosted by the Maryland State Bar Association. At the meeting, Mr. Marshall discussed case handling within the Region, […]

In a troubling opinion letter for employers, the Wage and Hour Division of the U.S. Department of Labor has asserted that employees may use leave under the Family and Medical Leave Act to reduce their work hours for an indefinite period, as long as they do not exhaust their FMLA […]

In a disturbing case applicable to all employers – union and non-union alike – the National Labor Relations Board asserts that severance agreements may not contain general non-disparagement or confidentiality clauses. According to the Board, such clauses violate the rights of employees under Section 7 of the National Labor Relations […]

In addition to the Pregnant Workers Fairness Act discussed elsewhere in this E-Update, the 2023 federal omnibus spending act also included the Providing Urgent Maternal Protections for Nursing Mothers Act (“PUMP” Act). This new law expands the existing lactation accommodations for nursing mothers under the Fair Labor Standards Act (FLSA). […]

“Omnibus” is defined as providing for many things at once, and the new federal omnibus funding bill is exactly that. In addition to the critical action of funding the government, it contains a multitude of unrelated new laws, including the Pregnant Workers Fairness Act (as well as the new workplace […]

Prior to the COVID-19 pandemic, many employers did not have flu-specific policies and procedures (healthcare employers being one significant exception). However, seasonal flu can be a serious and dangerous illness, and employers should not treat it lightly. Many of the lessons we collectively learned from COVID-19 are equally applicable to […]

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 […]