The Eleventh Circuit Provides Guidance to Successor Employers on Workforce Transitions Under the NLRA

In determining that the National Labor Relations Board’s decision finding that the Employer violated the National Labor Relations Act was not supported by substantial evidence, the U.S. Court of Appeals for the Eleventh Circuit provided some guidance to employers on workforce transitions from another employer. The case of Ridgewood Health Care Center, Inc. v. NLRB […]

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Title VII Does Not Prohibit Paramour Preferences

Although noting that, “[w]orkplace favoritism toward a supervisor’s sexual or romantic partner is certainly unfair to similarly situated workers and more than likely harms morale,” the U.S. Court of Appeals for the Ninth Circuit joined its sister circuits in holding that Title VII’s prohibition on sex discrimination does not encompass preferential treatment toward a supervisor’s […]

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What the FDA’s Regular Approval of the COVID-19 Vaccine Means for Employers

On August 23, 2021, Pfizer-BioNTech COVID-19 vaccine received regular approval from the Food and Drug Administration. Moderna has submitted its application for regular approval, and it is expected that such approval is forthcoming shortly. With these developments, certain legal hesitation regarding vaccine mandates – including by employers – has fallen away. Putting political and philosophical […]

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President Biden’s Vaccine Push: Paid Leave for Family Member Vaccinations and Federal Contractor Mandates

On July 29, 2021, President Biden announced additional efforts to increase COVID-19 vaccinations in the U.S. Of interest to employers, these efforts include (1) reimbursements to small and medium-sized employers to provide paid leave for family member vaccinations; and (2) certain vaccine-related mandates applicable to on-site federal contractors, with the intention of expanding those requirements […]

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More on the Minimum Wage in the Mid-Atlantic

Although the federal minimum wage remains $7.25, most states in the mid-Atlantic region have implemented higher minimum wage rates. In addition to the proposed rule increasing the minimum wage for federal contractors, discussed elsewhere in this E-Update, there were several other relevant developments in July. Delaware enacted a law that increases the minimum wage in […]

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Employers May Not Disparately Enforce E-mail Policies to Prohibit Union Activity

In a case applicable to unionized and non-unionized employers alike, the U.S. Court of Appeals for the D.C. Circuit found that an employer unlawfully discriminated against an employee under the National Labor Relations Act (NLRA) by reprimanding her for sending facility-wide e-mails seeking employee support for a union, supposedly in violation of the company’s e-mail […]

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The White House, HHS and DOJ Assert that “Long COVID” May Be A Protected Disability

As part of its statement commemorating the anniversary of the Americans with Disabilities Act, the Biden-Harris administration released a package of guidance and resources to support individuals experiencing long-term symptoms of COVID-19 (i.e. “Long COVID”). Among this is joint guidance from the Health and Human Service’s Office of Civil Rights and the Department of Justice, […]

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