Articles

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 […]

The “Tipped Wage Workers Fairness Amendment Act of 2018” was enacted by the District of Columbia Council back in 2018, but certain provisions are taking effect only now – including mandatory sexual harassment training and reporting of sexual harassment complaints. D.C. has created a new website setting forth the required […]

Addressing this “novel” question, the U.S. Court of Appeals for the Sixth Circuit answered: No. However – be careful – companies may be held liable under a joint employer theory. In Post v. Trinity Health-Michigan, a nurse was employed by a physician group that provided services to a hospital. Several […]

“Just as an employee may not terminate the interactive process quickly to create liability, so too an employer may not cut off the interactive process so early that the parties cannot find a position to reasonably accommodate the employee,” stated the U.S. Court of Appeals for the Tenth Circuit in […]

This was the lesson from a recent case from the U.S. Court of Appeals for the Fourth Circuit, in a case under the Family and Medical Leave Act where the employer allowed communications beyond what was specified in its written policy. In Roberts v. Gestamp West Virginia, LLC, the employer […]

The Office of Federal Contract Compliance Programs had a busy month, issuing several documents and resources of interest to federal contractors and subcontractors. These include the following: Compensation Analysis. The OFCCP has issued a revised Directive, “Advancing Pay Equity Through Compensation Analysis.” When originally issued in March, the Directive controversially […]

The U.S. Court of Appeals for the D.C. Circuit ruled that the National Labor Relations Board sufficiently addressed the conflict between an employer’s obligations under federal antidiscrimination laws and employee’s rights under the National Labor Relations Act in finding unlawful an employee’s termination for writing “whore board” at the top […]

The U.S. Court of Appeals for the Fourth Circuit has ruled that gender dysphoria, a medical condition defined in the DSM-5 as “clinically significant distress or impairment related to gender incongruence, which may include desire to change primary and/or secondary sex characteristics[,]” can constitute a disability under the Americans with […]

The FDA’s approval of the Novavax vaccine may be a game changer in the tumultuous COVID vaccine mandate situation. Unless limited by state law, employers may require employees to become fully vaccinated against COVID – subject to exemptions as reasonable accommodations for disability or religious needs. Many employees have invoked […]

The World Health Organization has declared monkeypox to be a global health emergency – a designation currently held only by COVID-19 and polio. In the U.S., cases are rapidly rising, and the federal Centers for Disease Control and Prevention (CDC) has created a monkeypox website.. Although the total number of […]