Fiona W. Ong
ATTORNEYS
Fiona W. Ong
Phone: 410-843-3471
Fax: 410-752-8861
E-Mail: ong@shawe.com
Fiona W. Ong defends employers in the areas of employment discrimination, wrongful discharge, and wage/hour regulation, both in court and before federal and state agencies. She also provides advice to managers and human resources on a wide variety of personnel matters, and conducts training on harassment, reasonable accommodations, and other issues for both supervisors and employees. She prepares employee handbooks and personnel policies. She assists government contractors in complying with affirmative action obligations.
Read More
Fiona serves as General Counsel to the Maryland Chamber of Commerce and is a member of the Chamber’s Executive Committee and Board of Directors. Fiona also co-chairs the Maryland Chamber’s Employment Issues Committee, and has testified before the General Assembly regarding various employment bills. She has presented at the local and national level, including the annual conference of the National Asian Pacific American Bar Association, and the Maryland State Bar Association, as well as the Maryland Chamber of Commerce’s Employment Law Conference.
Fiona is the primary author of “Chambers Global Practice Guide – Employment – U.S. Trends and Developments” and “Chambers USA Regional Practice Guide – Employment – Maryland,” as well as the USA chapter for the Legal 500’s “Employment & Labour Law Country Comparative Guide” and Lexology’s “Employment USA 2022 – Maryland.” She is also the editor for the “Maryland Human Resources Manual,” a publication of the Maryland Chamber of Commerce and HRSimple.com. In addition, she has co-authored a number of articles for the Matthew Bender monthly “Labor and Employment Law Bulletin.” She was the revisions editor for “The Employment Law Deskbook” and “Labor and Employment Law Volume 10 General Employment Issues” published by Matthew Bender.
Before entering private practice, Fiona served as a law clerk to the Honorable Mary J. Mullarkey of the Colorado Supreme Court.
Practice Areas
- Accommodations – Disability and Religion
- Affirmative Action and OFCCP Compliance
- Discrimination, Harassment and Retaliation
- Employment Agreements and Restrictive Covenants
- FMLA/ADA/Workers’ Compensation Leave Management
- Human Resources Advice and Counsel
- Independent Contractor Issues
- Investigations and Corporate Governance
- Personnel Policies, Procedures and Handbooks
- Training
- Wage and Hour Compliance
Honors
- Chambers USA, 2017-present
- Best Lawyers, 2020-present
- Super Lawyers, 2015-present
- Acritas Star, 2017
- Lexology’s “Legal Influencer” in U.S. Labor and Employment 2018 Q4, 2019 Q2-4, 2020 Q1-4, 2021 Q1-4, 2022 Q1-4, 2023 Q1
- Recipient, NAPABA Best Under 40 Award
Memberships
-
- Maryland Chamber of Commerce
– General Counsel and Executive Committee Member
– Co-Chair, Employment Issues Committee
- American Bar Association
– Member, Section of Labor and Employment Law - Maryland State Bar Association
- National Asian-Pacific American Bar Association
- Society for Human Resources Management
Education
- Georgetown University Law Center, J.D. 1992
- Princeton University, A.B., 1989
– Member, Kappa Alpha Theta
Bar Admissions
- Maryland and Colorado
- United States District Court for the District of Maryland
- United States District Court for the District of Colorado
- United States Courts of Appeals for the 3rd, 4th, 10th, and D.C. Circuits
News
NEWS
Fiona Ong was quoted in an April 20, 2023 Law.com Article
Fiona Ong was a panelist for a presentation to the American Subcontractors Association of Baltimore
Fiona Ong quoted in SHRM Article "ESPN Sued Over COVID-19 Vaccination Requirements"
Fiona Ong named Lexology "Legal Influencer"
Shawe Rosenthal Attorneys Author Maryland Chapter of Lexology's "Employment: North America" Guide
Fiona W. Ong was quoted in multiple Law360.com articles
Fiona Ong Recently Recognized By Lexology As Its "Legal Influencer" For Q2 2022
Webinar: Maryland’s New Employment Laws 2022 Guidance on Employer Compliance
Fiona W. Ong was quoted in a Society on Human Resource Management Article
Fiona W. Ong was a guest speaker for an Employment Law Alliance Podcast
Best Lawyers in America© Honors Shawe Rosenthal
All Shawe Rosenthal Attorneys Recognized by Super Lawyers©
Shawe Rosenthal Authored the Maryland chapter of Lexology's “Employment: North America” Guide
Shawe Rosenthal authored the Maryland Chapter of Chambers’ 2021 Regional Employment Practice Guide,
Fiona W. Ong has once again been recognized by Lexology as its “Legal Influencer” for U.S.
Best Lawyers in America© Includes Eleven Shawe Rosenthal LLP Partners In Its Inaugural 2021 Edition
Fiona W. Ong Was Quoted In An Article By John Kingston For FreightWaves
Fiona W. Ong Is Once Again Recognized By Lexology As Its "Legal Influencer" For U.S. - Employment
Shawe Rosenthal Attorneys Recognized by Super Lawyers
Fiona W. Ong has once again been recognized by Lexology as its “Legal Influencer”
Best Lawyers Honors Shawe Rosenthal
Fiona W. Ong Was A Panelist at the Fashion Law Institute’s 10th annual Symposium
Fiona W. Ong's Blog Timekeeping and Telework – Guidance from the DOL
COVID-19 and Beyond: The Top Labor and Employment Law Issues of 2020
Best Lawyers Honors Shawe Rosenthal Attorneys
Fiona W. Ong has once again been recognized by Lexology as its “Legal Influencer”
Fiona W. Ong and Lindsey A. White conducted a webinar, “Bringing Them Back or Letting Them Go”
Fiona W. Ong has once again been recognized by Lexology as its “Legal Influencer”
Fiona W. Ong Offered Guidance to Business Owners
Mark J. Swerdlin and Fiona W. Ong conducted a webinar for hrsimple.com
Webinar Recording: Coronavirus in the Workplace and Families First Coronavirus Response Act
Best Lawyers Honors Shawe Rosenthal Attorneys
Fiona Ong Recognized by Lexology
Shawe Rosenthal Attorneys Recognized by Super Lawyers
Fiona W. Ong has been recognized by Lexology as the top legal influencer for employment in the U.S.
Fiona W. Ong was quoted in “What’s Working in Human Resources”
Fiona W. Ong was quoted in an article, “Labor board’s handbook guidance eases employer concerns”
Honor – Firm and Attorneys Recognized by Chambers USA: America’s Leading Lawyers for Business
Fiona Ong was Featured in "If I Knew Then," an Ongoing Series by Crain's Baltimore
Fiona Ong Interviewed by WAMU Reporter Regarding Maryland Healthy Working Families Act
Fiona Ong Testifies in House of Delegates In Support of Delaying Paid Sick Leave
Fiona W. Ong named an Acritas Star
Fiona Ong Quoted in BBJ Article
hrsimple.com Webinar – “Marijuana in the Workplace.”
Super Lawyers Recognizes Shawe Rosenthal Attorneys
Fiona Ong Interviewed On WBAL About Governor’s Paid Leave Bill
Four SR Attorneys Speak at HFAM Conference
Article- "Maternity and Parental Leave Policies: A Trap for the Unwary"
Honor – Firm and Attorneys Recognized by Chambers USA: America's Leading Lawyers for Business
Fiona Ong Appears On CBS Baltimore Station WJZ-13
Nine S&R Attorneys selected for Super Lawyers Annual List
Shawe Rosenthal and Seven of Our Individual Attorneys Recognized by Super Lawyers
Conference: Liz Torphy-Donzella And Fiona Ong To Speak At HRASM's Annual Professional Day
Publications
TOP TIP: Employers – It’s Time to Update Your Mandatory FMLA and FLSA Posters!
The DOL Has a New Website to Provide Workplace Mental Health Resources
No More COVID? NLRB GC Revises Manual Election Procedures
Federal Contractors – There’s a New Mandatory Voluntary Self-ID of Disability Form
Prescription/Legal Drug Policy Does Not Necessarily Result in Disability Discrimination
No Playing Around with Pay Rates to Avoid Overtime Liability!
WARN Act Notice Requirements Apply to Operating Units Within a Single Site of Employment
No Harm, No Foul for Employer’s Technical Non-Compliance with FMLA’s Notice Requirements.
More Drama and Uncertainty for the DOL’s 80/20 Tipped Employee Rule
Reasonable Accommodations Are Required as to Employer-Provided Benefits and Privileges of Employment
The DOL Provides Additional Guidance on the PUMP Act
Biden Administration Ends Federal Vaccine Mandates – What This Means for Employers
TOP TIP: Background Checks? Updated Summary of Rights Notice and FCRA Refresher for Employers
OFCCP Updates Hiring Benchmark for Protected Veterans
Don’t Forget to Provide Another WARN Notice If the Employees’ Separation Date is Delayed
“Not a Good Fit” Might Be Grounds for Termination – But You Must Be Able to Back It Up
Another Federal Appellate Court Broadly Defines “Adverse Action” Under Title VII
“Fractioning” a Job May Still Result in Liability Under Federal Anti-Discrimination Laws
An Accommodation, Unlike a Diamond, Need Not Be Forever
Federal Agencies Issue Joint Statement on AI Bias in the Workplace
EEOC Identifies “Promising Practices for Preventing Harassment”
“Failing to report is not a protected activity under Title VII.”
Can You Relate? The “Relational” Test for the FLSA Administrative Exemption
The NLRB Is Providing More Resources to Workers – But What Are Employers’ Rights?
The DOL Provides Guidance on Lactation Accommodations Under the New PUMP for Nursing Mothers Act
Baby Steps – The EEOC Offers a Little Guidance on the New Pregnant Workers Fairness Act
OFCCP Extends Deadline for Federal Contractor Objections to Release of EEO-1 Information
There Are No ADA Protections for Unknown Disabilities
USERRA May Require Short-Term Paid Military Leave
A Flawed Investigation Does Not Necessarily Equal Discrimination
Allegedly Discriminatory Incidents Should Not Be Considered in Isolation
“Anticipated Length of Service” May Be a Risky Selection Factor
US DOL Issues New and Updated Resources on the Family and Medical Leave Act
US DOL Provides Resources on Protections for Nursing Mothers
Department of Labor Says FMLA Leave May Be Used to Reduce Work Schedule Indefinitely
NLRB Prohibits General Non-Disparagement and Confidentiality Clauses in Severance Agreements
The DOL’s Annual Penalty Increase – the 2023 Edition.
Reasonable Accommodations Do Not Involve Violating a Collective Bargaining Agreement.
Inadequate Training May Be an Adverse Action Under Title VII.
Employers, Do Not Delay in Responding to a Request for Reasonable Accommodation.
The Job Duties – Not the Job Title – Matter for Equal Pay Claims.
An Employee Is Protected by the FMLA, Even If the Requested Leave Did Not Actually Qualify.
Employees May Be Held Accountable for Failing to Follow Employer’s FMLA Protocols.
TOP TIP:Why Do You Need a Handbook Disclaimer and What Should Be In It Anyway?
The EEOC Updates Its Resource Document for Hearing Disabilities in the Workplace
Hey Employers – This Is What Federal Agencies Are Planning to Do in 2023!
FTC Proposes Near-Total Ban on Non-Compete Agreements
US DOL Provides New Resources for Workers Impacted by Cancer.
Another Blow Against the Contractor COVID-19 Vaccine Mandate.
Employers May Need to Bargain Over Their Compliance with the Law.
NIOSH Offers Best Practices for Protecting Temporary Workers.
Fourth Circuit Sets Forth Standard for Retaliatory Hostile Work Environment Claims.
New Federal Workplace Protections for Nursing Mothers: What Employers Need to Know
D.C. Expands Employment Protections for Certain Groups and Lowers the Standard for Harassment.
New Federal Law Requires Reasonable Accommodations for Pregnant Workers: What Employers Need to Know
Employers, Don’t Forget About the Flu!
An Employee “on Thin Ice” Cannot Insulate Herself with the FMLA.
The Return of the Micro-Unit: The NLRB Shifts Course Yet Again
TOP TIP: Recreational Marijuana in Maryland? What Employers Need to Know
When Is the Accommodation Duty Triggered?
When Transfer Is Not Required Under the ADA
Do Not Retaliate for EEO Complaints Against a Former Employer
A Discrimination Complaint Does Not Protect the Employee from All Adverse Employment Actions
An Employee’s Mental Health Condition Does Not Necessarily Prevent Their Release of Claims
FMLA Notice Requirements for Employees
Federal Agencies Partner on New Anti-Discrimination Resources for Veterans
Remote Work May Be a Reasonable Accommodation Where the Employee Has Been, Well, Working Remotely
TOP TIP: A New (Mandatory?) Retirement Savings Benefit for Maryland Employees
The Rare Case Where the “N” Word Did Not Create a Hostile Work Environment
NLRB General Counsel Pushes for Interim Settlements in Lieu of Injunctive Relief
Inconsistent Explanations Dooms Employer’s Defense Against Race Discrimination Claim
Be Consistent In Enforcing Those E-Mail Policies
Employees Cannot Dictate Their Employer’s Investigation
Another Federal Appellate Court Finds Computer Boot-Up Time May Be Compensable
Employers – Update Your Mandatory EEOC Poster!
The White House’s COVID-19 “Playbook” – Preparing Workplaces for Fall and Winter
Expansion of OSHA’s Severe Violator Enforcement Program
TOP TIP: Applicants and Prescription Drugs – What Employers Can and Should Do
More Federal Protections for Gig Workers?
Non-Employees May Create a Hostile Work Environment
Employers – You May Not Dig Up Reasons for Termination
An Independent Review Can Help Insulate Termination Decisions
Can Employee’s Own Testimony Support Their Disability?
An Employer Must Not Retaliate Against an Employee for Others’ Activity
TOP TIP: May Light Duty Be Limited to Occupational Injuries?
Training and Reporting Obligations for DC Employers of Tipped Workers Take Effect
Can Non-Employers Be Sued for Interference with an Employee’s ADA Rights?
Be Careful Not to Cut Off the Interactive Process Too Quickly
Establish and Enforce Clear FMLA Reporting Mechanisms
Reasonable Accommodations Must Be Required, Not Just Desired
Offensive Language May Be Protected Concerted Activity
D.C. Enacts Employment Protections for Marijuana Users
The Novavax Vaccine May Mean Fewer Religious and Medical COVID Vaccine Exemptions
A Job Coach Might Be a Reasonable Accommodation
EEOC Prohibits Employers from Requesting COVID Test Results for Family Members
Monkeypox in the Workplace: A Practical Guide for Employers
Protected Activity Need Not Involve the Same Employer for Purposes of Retaliation Claim
Federal Agencies Partner to Combat “Anticompetitive and Unfair Labor Practices.”
Federal Court Blocks Enforcement of EEOC Sexual Orientation and Gender Identity Guidance
US DOL Seeks Public Input on Long COVID
Be Accurate With Those Performance Reviews!
TOP TIP: Keeping Your Cool – OSHA’s Heat Illness Prevention Suggestions for Employers
Minimum Wage Increases in the Mid-Atlantic (Including a New Increase in Howard County)
Discriminatory Job Transfers May Be an Actionable Adverse Action Under Title VII
Employers – Do Not Ignore Co-worker Horseplay and Pranks
Discouraging the Use of FMLA is a Violation of the Law
Loss of Job Over Religious Vax Refusal ≠ Irreparable Harm
No Natural Disaster Exception to WARN Act Requirements for COVID-19
No Violation of Title VII in Discipline for Black Lives Matter Masks
The EEOC Adds a New Gender – X – to Its Charge Process
NLRB GC Pushes Additional Remedies Against Employers
Sabbath Accommodations – Shift Swaps and Days Off?
Roe v. Wade Is No More – Some Thoughts for Employers
Maryland Employers: Your Sexual Harassment Disclosure Survey Response Is Due by July 1, 2022
Is “Tenure” a Euphemism for Age?
Just Because an Employer’s Termination Reason Is False Doesn’t Necessarily Mean It’s Discrimination
Work Restrictions Cannot Prevent an Employee from Actually Performing a Job
The Scope of an EEOC Charge Defines the Scope of a Lawsuit
NLRB General Counsel Announces New Protocol to Protect Immigrant Workers
Supreme Court Holds that Prejudice Is Not Required to Find Waiver of Right to Arbitration
The DOL Issues Guidance on Mental Health and the FMLA
TOP TIP: Employers - Make Sure the Evidence Supports the Story
OFCCP Updates Hiring Benchmark for Protected Veterans
OFCCP Compliance Evaluations Will Be More Challenging
“I’m Working From Home” ≠ Request for FMLA Leave
Closely-Related Small Companies May Be Integrated Under the ADA
Severity of Discipline May Be Based on the Employee’s Reaction to A Charge of Misconduct
US Department of Justice Provides Guidance to Employers on Opioid Addiction and the ADA
What the EEOC’s “Equity Action Plan” May Mean for Employers
Do Not Include Arbitration Agreements in Your Employee Handbook
RIF Criteria Should Be Clear and Consistent
The Maryland General Assembly Just Passed Paid Family and Medical Leave – What’s Next for Employers?
TOP TIP: The Actions of a Single Employee Can Be Protected Concerted Activity
D.C.’s Noncompete Ban Is Delayed Until October 1, 2022
OSHA Is Taking Additional Comments on a Proposed COVID Healthcare Standard
Be Careful Not to Assume That an Inquiry About Severance Is a Resignation
Although Regular Attendance May Be an Essential Function, Leave May Still Be Required
Employees May Be Terminated for Performance Issues Discovered During FMLA Leave
A Supervisor’s Single Use of the N-Word Can Create a Hostile Work Environment
But an Employer’s Prompt Response to Coworker Use of the N-Word Is a Defense to Liability
Proposed Changes to OSHA’s Electronic Reporting Requirements for Occupational Injuries and Illnesses
The U.S. Department of Labor Provides More Anti-Retaliation Resources
The Trump Independent Contractor Rule Is Back In Effect – For Now
The EEOC Provides Guidance on Religious Objections to the COVID-19 Vaccine
Do You Care? The EEOC Offers Guidance on Caregiver Discrimination and COVID-19
TOP TIP: Employers – State Safety and Health Departments Can Find COVID Violations Too!
Context Matters for Sexual Harassment Claims
“Title VII Requires a Prompt Corrective Response, Not a Perfect Response.”
Excusing Unpredictable Attendance Is Not a Reasonable Accommodation
NLRB GC Supports Aggressive Use of Injunctions Against Employers in Organizing Campaigns
Not Every Complaint Is a Request for Accommodation
When Is an Employee a “Direct Threat” in the Workplace Under the ADA?
Federal Task Force Recommendations Support White House’s Pro-Union Agenda
NLRB GC Outlines Push for Interagency Cooperation to Protect Workers (and Their Right to Unionize)
What the CDC’s Latest Mask Guidance Means for Employers
Collective Action Waivers in Severance Agreements Are Enforceable
What Are the Parameters for An Employer’s Requests for Medical Records Under the ADA?
Does the Employer or Employee Own Those Social Media Accounts?
Employers May Request FMLA Recertification If Circumstances Change
TOP TIP: Employers, Don’t Ignore COVID Just Because the Vax-or-Test ETS Is Gone
Update on Enforcement Deadlines for CMS Vaccination Mandate
Biden Administration Announces Pro-Union Initiative
Employer Health Plans Must Cover Costs of At-Home COVID Tests
Employers Beware - NLRB and DOL Will Partner on Enforcement
Arbitration Agreements Only Cover the Signing Parties
Requests for Accommodations Must Be Sufficiently Specific and Supported
OSHA Withdraws Vax-or-Test ETS, Plans to Issue Permanent Healthcare Standard
Supreme Court Stays Vax-or-Test ETS But Allows CMS Vaccine Mandate – What Employers Need to Know
A Supervisor’s Knowledge of a Safety Violation Can Be Attributed to the Employer
CDC Provides Guidance to Employers on Marijuana Use by Employee Drivers
More Vax-or-Test ETS Guidance from OSHA on Over-the-Counter Tests
OFCCP Will Require Annual AAP Verification by Federal Contractors
Retaliation Claim May Arise From Mistaken Belief About Discrimination
Do Not Replace an Employee Based on Performance with One Rated as Worse
Federal Contractors Must Ban the Box
Retaliation May Occur Even If the Employee Is Unaware of It
A Notice of Termination Is an Adverse Action, Even If the Employee Is Retained
NLRB Signals the Likely Return of the Micro-Unit
OSHA’s Vax-or-Test Emergency Temporary Standard Is Back in Business – For Now
TOP TIP: Employers Must Protect Employees from Customer Harassment
What’s the “Mailbox Rule” for Email?
It’s Not Retaliation Just Because the Employee Doesn’t Like It
Ill-Considered Questions About Retirement May Support Age Discrimination Claim
NLRB GC Memo Addresses Protections for Immigrant Workers
The DOL, NLRB and EEOC Join Together to Fight Retaliation
The DOL’s Relaunched EARN Website Provides Employers with Disability Resources
EEOC Expands Its COVID-19 Guidance to Address Retaliation
DOL Issues Final Rule Reinstating and Modifying 80/20 Rule for Tipped Workers
Pre-Shift Time Spent Booting Up the Computer May Be Compensable
Disability Does Not Excuse Failure to Meet Conduct Standards
Beyond Religious Accommodations – What Else Is New In The EEOC’s COVID-19 Vaccine Guidance!
Employees May Be Held Accountable for the Manner of Their Complaint
Federal Appeals Court Upholds State Vaccine Mandate Without Religious Exemptions
It’s a Turnover – NLRB GC Now Says Student-Athletes “Players” Are School Employees
OSHA Is Soliciting Public Comments for a Proposed Heat Injury and Illness Prevention Standard
More Guidance for Federal Contractors on That Vaccination Mandate…
EEOC Issues Guidance On Religious Exemptions to COVID-19 Vaccine Requirements
TOP TIP: Employers Beware! Private Arbitration Agreements Won’t Stop DOL Lawsuits
The Employee Is Not Entitled to Their Preferred Accommodation – Only a Reasonable One
Only “Extreme Hostility” Defeats the “Strong Preference for Reinstatement” as a Remedy
More Updates for Government Contractors
DOL Announces “Enhanced, Expanded Measures” on Worker Protections from Heat-Related Hazards
DOL Issues Final Rule Increasing Protections for Tipped Workers
What the Federal Guidance on President Biden’s Vaccine Mandate Means for Government Contractors
TOP TIP: Timing Matters – Failure to Respond and Act Promptly Can Create Liability
D.C.’s Controversial Non-Compete Law Delayed Until April 1, 2022
Racist Slurs in a Foreign Language Is Still Harassment
Whistleblowers Are Not Protected from the Consequences of Their Own Misconduct
Employees with Disabilities Can Be Held to Performance Standards
Title VII Prohibits “Associational Discrimination,” Even for Distant Relationships
Occasional Contacts Are Permitted During an Employee’s FMLA Leave
OSHA Issues Revised Small Business Safety and Health Handbook
EEOC Extends EEO-1 Filing Deadline
Title VII Does Not Prohibit Paramour Preferences
What the FDA’s Regular Approval of the COVID-19 Vaccine Means for Employers
Again? What Employers Need to Know About OSHA’s Latest Update to Its COVID-19 Workplace Guidance
Too Short? Too Bad - Just Being Short Is Not a Disability
OSHA Revises Its National Emphasis Program
An Employee’s Dissatisfaction Does Not Make The Employer’s Response to Harassment Unreasonable
“Piggybacking” on Another Employee’s Charge of Discrimination?
Pennsylvania Employers Alert - Security (And Other?) Screening Time Is Compensable
DOL Officially Rescinds Joint Employer Rule, Expanding Pay Protection for Workers
DOL Issues Proposed Rule Increasing Minimum Wage Rate for Federal Contractors
More on the Minimum Wage in the Mid-Atlantic
The White House, HHS and DOJ Assert that “Long COVID” May Be A Protected Disability
Warning - Attempts to Diversify Can Result in Liability for Race Discrimination
U.S. DOJ States that Emergency Use Authorization Does Not Preclude Vaccine Mandates
TOP TIP: Supreme Court Case Reminds Employers to Comply with FCRA’s Technical Requirements
A New Job-Sharing Arrangement Is Not a Required Reasonable Accommodation
Employers Need Not Tolerate Dangerous Misconduct, Even If Caused By Disability
Fourth Circuit Provides Guidance on Counting Employees for Purposes of WARN Act Coverage
ADA Reasonable Accommodations Need Not Violate the Law
Lack of Consistency in Applicant Interview Criteria May Support a Discrimination Claim
An Assistant to Perform Essential Functions Is Not a Reasonable Accommodation
Supreme Court Allows Transgender Bathroom Decision to Stand
DOL Proposes to Reinstate 80/20 Rule for Tipped Employees Performing Untipped Work
SOGI (Sexual Orientation and Gender Identity) Discrimination? The EEOC Offers Guidance
OSHA’s COVID-19 Updated Workplace Guidance – What Employers Need to Know
EEOC Provides Eagerly-Awaited Guidance to Employers on COVID-19 Vaccines (Including Incentives)
TOP TIP: ADA and FMLA Do Not Necessarily Excuse Attendance Requirements
Minor Acts Are Not Sufficient to Support a Discrimination or Harassment Claim
But Minor Acts Can Add Up to Retaliatory Harassment
Be Consistent and Thorough with Termination Reasons!
FMLA Does Not Excuse Employees From Complying with Call-In Requirements
DOL Officially Withdraws Independent Contractor Rule
Fourth Circuit Expands Evidentiary Routes for Establishing Same-Sex Harassment
No More No-Match Letters – But Employers Should Not Ignore SSN Discrepancies!
The DOL Offers Guidance on Reasonable Accommodations for Long-Haulers Under the ADA
The DOL Offers Guidance on the ADA’s Interaction with COVID-19 Vaccines
Virginia Expands Overtime Wage Protections
OFCCP Updates Hiring Benchmark for Protected Veterans
Does An Employer Have to Reasonably Accommodate an Employee’s Commuting Needs Under the ADA?
Time Spent Commuting on an Employer’s Mandatory Bus System Is Not Compensable
And “Alpha” Is Not Necessarily Code for Sex-Stereotyping Discrimination
“Energy,” “Stamina,” and “Dynamic” Is Not Necessarily Code for Age Discrimination
A Transfer to a Comparable Position Is a Religious Reasonable Accommodation
The Burden of Religious Accommodation Should Not Fall on Other Workers
Remember That Temporary Impairments Can Be Disabilities Under the ADA
President Biden Imposes $15 Minimum Wage Rate on Government Contractors
OSHA’s Recording Requirements for Adverse Reactions to the COVID-19 Vaccine
The Family and Medical Leave Act and COVID-19: More Updates from the DOL
The Fair Labor Standards Act and COVID-19: Updates from the DOL
The DOL’s “Essential Worker, Essential Protection” Initiative
Maryland Law Implicitly Adopted the Portal-to-Portal Act
Employees Must Give Employers Reasonable Time to Investigate Harassment Complaints
Retention Raises and Equal Pay Claims
And Yes, Employees Really Must Respond to Employers’ Questions About Their Medical Status
The ADA Does Not Prohibit Employers From Asking All Health-Related Questions
“Regular Worksite Attendance Is an Essential Function of Most Jobs.”
OSHA Announces Increased Enforcement Efforts Related to COVID-19
EEOC Announces EEO-1 Filing Period - From April 26 through July 19, 2021
The DOL’s Tipped Employee Final Rule: What Is Taking Effect and What Is Not
The CDC’s New Guidance on Workplace Vaccination Programs; What Employers Need to Know
TOP TIP: Employers - Make Sure Those Timekeeping Records Are Accurate and Detailed!
Is Denial of a Lateral Transfer an Adverse Employment Action?
Reasonable Accommodation Obligation Extends to Workplace Access
Paid Military Leave May Be Required Under USERRA
An Employee May Be Held Accountable for Poor Performance, Even If Caused By Disability
Section 1981 Is a “Bulletproof Vest,” Not a “Full Suit of Armor” Against Discrimination
A Showing of Damages Is Necessary In Order to Recover Under the FMLA
An Employee Claiming Retaliation Must Rebut All, Not Just Some, of the Reasons for Her Termination
A Change of Opinion (Letters): The DOL Continues Its Retreat from Business-Friendly Positions
OSHA Provides Stronger Workplace Guidance on COVID-19
TOP TIP: No, You May Not Pay Her Less Because Her Husband Works!
“Building for the Future” Is Not Necessarily Age Discrimination
Fifth Circuit Provides Framework for Assessing Propriety of FLSA Collective Actions
OFCCP Opines on Scope of Legal Protection for Religious Liberty in the Workplace
What Else Did the EEOC Do in January 2021?
Non-U.S. Citizens Working Outside U.S. Are Not Covered by ADEA Disclosure Requirements
DOL’s Final Rule Makes It Easier to Achieve Independent Contractor Status – But Will It Take Effect?
DOL Issues Final Rule on Tipped Employees – Mandatory Tip Pools and Related Duties
Telemedicine and the FMLA – The DOL Weighs In
Electronic Posting of Required Workplace Notices? The DOL Provides Guidance
Vaccines in the Workplace: A Practical Guide for Employers
EEOC Provides COVID-19 Vaccine Guidance
Montgomery County’s Ban the Box Law Is Becoming More Restrictive
FLSA’s “Willful” Standard Applies to FMLA.
CDC Modifies Guidance on Essential Workers Exposed to COVID-19: Working is “a Last Resort.”
OSHA Explains Common COVID-19 Citations and How to Avoid Them
Is Time Attending Voluntary Training Programs Compensable? The DOL Weighs In
Top Tip: Cloth Masks: PPE or Not PPE? That Is the Question
Top Tip: Voting Leave Laws in the Mid-Atlantic
EEOC Proposes Changes to Its Conciliation Process to Provide More Information to Employers
OSHA Clarifies COVID-19 Reporting (Not Recording) Requirement
Top Tip: Employers – Be Accurate with Your Explanations and Your Paperwork!
DOL Provides Guidance on Reimbursement for Business-Related Use of Personal Property
DOL’s Proposed Rule Would Make It Easier to Achieve Independent Contractor Status
DOL Revises FFCRA Final Rule: What This Means for Covered Employers
TOP TIP: Timekeeping and Telework – Guidance from the U.S. DOL
Back to School - DOL Offers FFCRA Guidance on Hybrid Schedules and Optional Remote Learning
TOP TIP: CDC Updates Guidelines On When COVID-19-Positive Workers Can Return
NLRB Provides Guidance on a Multitude of Workplace Rules
Maryland Expands Face Coverings Requirement to Most Workplaces and Imposes Travel Restrictions
DOL Provides COVID-19-Related Guidance on FLSA, FMLA and FFCRA
DOL Released New FLSA Opinion Letters on Targeted Topics
TOP TIP: Masks/Face Coverings in the Workplace Uncovered! What Can Employers Require?
Supreme Court Extends Discrimination Protections to Gay and Transgender Employees
CDC Issues Reopening Guidance for Offices – “Change the way people work”
OSHA Revises COVID-19 Enforcement and Workplace Illness Recording Policies
EEOC Provides Guidance on Reasonable Accommodations and Employee Testing When Returning to Work
CDC Updates COVID-19 Guidance to Add New Symptoms and Guidelines on Release from Isolation
What Does Governor Hogan’s Roadmap to Recovery Mean for Maryland Employers?
No Rest for the Weary – DOL Adds to Q&A Guidance
DOL Issues FFCRA Regulations – And (No April Fooling) There Are Some Surprises!!
What Does Governor Hogan’s “Stay-at-Home” Order Mean for Employers?
DOL Opinion Letters Address Whether Other Payments Must Be Included in the Employee’s Regular Rate
U.S. Supreme Court Sets High Bar for Section 1981 Race Discrimination Claims
Is Your Business “Essential”? More Guidance From Governor Hogan’s Office
Additional Guidance on Governor Hogan's Shutdown Order
EEOC Declares COVID-19 a “Direct Threat,” Updates 2009 Pandemic Guidance
The Families First Coronavirus Response Act Has Been Signed Into Law– What This Means for Employers
What The “Families First Coronavirus Response Act” Means To Employers
TOP TIP: CDC Provides Coronavirus Guidance to Employers
More NLRB Advice Memos – Social Media Activity and Scope of Contract Language
NLRB Issues Final Joint Employer Rule, Making Such Findings Less Likely
Maryland’s General Assembly Overrides “Ban the Box” Veto – What’s Next for Employers
TOP TIP: Coronavirus in the Workplace: A Practical Guide for Employers
DOL Issues Final Joint Employer Rule, Making Such Findings Less Likely
TOP TIP: New Year, New Minimum Wage Rates in the Mid-Atlantic
Federal Regulations May Provide Guidance as to Maryland’s Wage-Hour Law
NLRB Reinstates Arbitral Deferral Standard
EEOC Rescinds Policy Statement Objecting to Mandatory Arbitration Agreements
TOP TIP: Winter Is Coming… What Are the Rules on Pay for Weather-Related Business Closures?
Government Contractor Update – November Was a Busy Month!
A Contractual Non-Disparagement Provision May Violate the National Labor Relations Act
TOP TIP: Remember That You’re Still Responsible for What Your PEO or TPA Does
Employer May Not Delay FMLA Designation Pursuant to Collective Bargaining Agreement
Another Month, Another (Unhelpful) NLRB Advice Memo on Social Media Rules
TOP TIP: Be Careful What You Put In Writing
NLRB Issues Advice Memo on Social Media Rules
DOL Issues Opinion Letter on FMLA Leave for School Meetings to Discuss IEPs
More NLRB Advice Memos – Wage Increases and Information, and Beck Rights!
A Busy Month at the OFCCP - Update for Government Contractors
Department of Labor Offers Guidance on Sleeping Time for Truck Drivers
TOP TIP: Maryland Commissioner of Labor and Industry Provides Clarification of New Noncompete Law
Update on Minimum Wage Increases in the Mid-Atlantic Region
Another NLRB Advice Memo on Handbook Rules
Federal Hate Crimes Act May Apply to Workplace Misconduct
Supreme Court Upholds Deference to Agency Interpretation of Regulations
TOP TIP: Make Sure to Define Your FMLA Year
U.S. Supreme Court Finds Charge Filing Requirement to be Procedural, Not Jurisdictional
Collection of D.C. Universal Paid Leave Tax Begins
D.C. Circuit Emphasizes Need for Specific Evidence to Support Legitimate Nondiscriminatory Reasons
Rats! Rules! Even More NLRB Advice Memos
NLRB Finds Certain Gig Economy Workers To Be Independent Contractors
Governor Hogan Vetos the Ban the Box Bill
Employers Must Submit EEO-1 Pay Data for Both 2017 and 2018 by September 30, 2019
The Latest on the EEO-1 Form: Demographic Data Due By May 31, Compensation Data Due By September 30
Union Dues Revocation Developments – NLRB Issues Both Advice Memo and Decision
TOP TIP: DOL Offers Guidance on Determining Independent Contractor Status Under the FLSA
Baltimore City Employers Must Provide Lactation Accommodations, Effective April 15, 2019
Employers Must Submit EEO-1 Pay Data By September 30, 2019
The DOL Is On Fire – Proposed Joint Employer Rule Issued
TOP TIP: Maryland Sexual Harassment Disclosure Survey Now Open
DOL Proposes Revisions to Calculation of Regular Rate of Pay
Fourth Circuit Offers Useful Guidance on ADA/Rehab Act and FMLA
OFCCP Issues Directive Establishing Voluntary Program for “High-Performing” Contractors
EEOC Issues Proposed Rule Update on Digital Charges and a Little More
DOL Issues Guidance on Tipped Employees
EEO-1 Filing Deadline Extended, and Other Impacts of the Government Shutdown on EEOC Timelines
A New Year, A New Batch of NLRB Advice Memos
NLRB Reinstates Prior Independent Contractor Standard
Facebook Posts May Be Protected Concerted Activity
TOP TIP: Impact of Written Agreements on At-Will Employment
New Workplace Obligations for D.C. Employers - Generally and Those of Tipped Workers
DOL Announces New Compliance Tools for New and Small Businesses
OSHA Once Again Permits Broad Post-Incident Drug Testing and Rate-Based Safety-Incentive Programs
TOP TIP: Workplace Recordings – The Intersection of the NLRA and State Laws
Ninth Circuit Gives Deference to DOL’s Dual Jobs Regulation
Government Contractor Update: New OFCCP Directives and Minimum Wage Increase
TOP TIP: Employers Need To Be Careful About Harassment By Or Of Third Parties!
TOP TIP: It’s Time to Update Those Federal Forms and Notices – FMLA, FCRA and the ACA!
The OFCCP Issues a Flurry of Directives and Other Resources
It’s About Time! DOL Releases Opinion Letters on the FMLA and FLSA
Full-Time Presence at Work Is Not Necessarily an Essential Function of the Job?
More NLRB Advice Memoranda…Policies, Non-Disclosure Agreements and Outsourcing
Trump DOL Offers Guidance on Independent Contractor Status
TOP TIP: Recent Developments on Weingarten Rights
Reminder about State and Local Minimum Wage Increases in Maryland and D.C.
Another Month, Another Slew of NLRB Advice Memos
Maryland Federal Court Permits Sexual Orientation Discrimination Claim Under Title VII
NLRB Issues New (And More Balanced) Guidance on Handbook Rules
Supreme Court Rules for Baker in Same-Sex Wedding Cake Case
TOP TIP: Employment Action May Still Be Adverse Even If Employee Does Not Mind
Federal Appellate Courts Provide Guidance on Essential Functions Under the ADA
NLRB Releases More New Advice Memos
Maryland's General Assembly Just Passed Paid Sick Leave – Now What?
Montgomery County Amends Paid Sick Leave Law To Cover Parental Leave
Montgomery County's Sick Leave Law Takes Effect On October 1, 2016
Revised Mandatory Fair Labor Standards Act and Employee Polygraph Protection Act Posters Effective
President Obama Radically Expands EEO-1 Reporting Requirements
Volume 10, Labor and Employment Law
NEWS & EVENTS
Fiona Ong Appointed General Counsel of Maryland Chamber of Commerce
Fiona Ong was re-appointed General Counsel of the Maryland Chamber of Commerce and will serve on the Executive Committee. She is the first minority and second woman to serve in
Vlog: Employment Matters
Chad Horton was the presenter for the Employment Law Alliance’s Employment Matters Vlog #25 – New Employment Laws in Maryland. The Employment Law Alliance is a comprehensive global network of
Webinar: Maryland Newest Employment Laws
On May 3, 2023, Fiona Ong and Chad Horton, along with the Maryland Chamber of Commerce’s Senior Vice President of Government Affairs Andrew Griffin explained and provided guidance on complying
Teresa Teare Selected as Fellow of the Maryland Bar Foundation
We are delighted to announce that our co-Managing Partner Teresa Teare was selected to be a Fellow of the Maryland Bar Foundation. Fellowship in the Foundation is by invitation only
Webinar: Complying with Maryland’s New Employment Laws – 2023
Maryland’s General Assembly session just ended, with the passage of significant new employment legislation, including the expedited increase to a $15 minimum wage rate, modifications to the new Paid Family
Resource Guide
We are pleased to announce that the 2023 edition of The Legal 500: Employment & Labour Law Country Comparative Guide, for which we authored the U.S. chapter, is now available. A copy
Lindsey A. White moderated a panel for the ABA Section of Labor and Employment Law National Symposium
On April 20, 2023, Lindsey White moderated a panel for American Bar Association Section of Labor & Employment Law National Symposium on Technology in Labor and Employment Law on the
Lindsey A. White was quoted in a April 7, 2023 in Society for Human Resource Management Article
Lindsey White was quoted in a April 7, 2023 article by Allen Smith for the Society for Human Resource Management (SHRM.org), “When Fitness-for-Duty Examinations Are Allowed.” (Subscription may be required
Fiona Ong was quoted in an April 20, 2023 Law.com Article
Fiona Ong was quoted in an April 20, 2023 Law.com article by Trudy Knockless, “Businesses Are Paying Big Bucks in Response to Gender Stereotype Lawsuits.” (Subscription required for access).