Articles

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 […]

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 […]

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 […]

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 […]

On July 29, 2021, the U.S. Department of Labor issued a final rule rescinding the joint employer rule issued under the prior administration. With the rescission of the rule, the DOL returns to its prior approach, making findings of joint employer status – with the concurrent obligations for employers under the Fair Labor Standards Act […]

As we discussed in our April 2021 E-Update, President Biden signed an Executive Order (EO) increasing the minimum wage rate applicable to government contractors and subcontractors to $15 an hour – a significant increase from the current rate of $10.95. The U.S. Department of Labor has now issued a proposed rule to implement the EO, […]

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 […]

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 […]

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, […]

The U.S. Department of Labor has issued proposed regulations that would reinstate the 80/20 rule applicable to the compensation of tipped employees. This rule has been the subject of great controversy over the years and had been eliminated by the Trump administration. Tipped Employees and the Tip Credit. Under the FLSA, an employer of tipped […]