Fiona W. Ong

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Fiona Portrait

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.

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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 W. Ong and Lindsey White Authored “New Rulings Show Job Duties Crucial To Equal Pay Act Claims”

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"

Fiona Ong and Parker Thoeni authored a Chambers Expert Focus article, “Marijuana in the US Workplace."

Shawe Rosenthal Attorneys Author Maryland Chapter of Chambers' 2022 Regional Employment Practice Guide

Shawe Rosenthal Attorneys Author Maryland Chapter of Lexology's "Employment: North America" Guide

Fiona W. Ong has once again been recognized by Lexology as its “Legal Influencer” for U.S. – Employment, most recently for Q3 2022

Fiona W. Ong was quoted in multiple Law360.com articles

Fiona W. Ong led a panel discussion on “Effective Mediation Strategies” at the annual conference of the American Employment Law Council

Fiona Ong and Parker Thoeni presented a session on Maryland’s new employment laws at the LifeSpan 2022 Annual Conference

Shawe Rosenthal Attorneys Authored the USA Trends And Developments Chapter of The Chambers' Employment 2022 Global Practice Guide

Teresa D. Teare has been named the Litigation – Labor and Employment “Lawyer of the Year” in the Baltimore area by The Best Lawyers in America© 2023

Fiona Ong Recently Recognized By Lexology As Its "Legal Influencer" For Q2 2022

Shawe Rosenthal LLP Was Ranked In The Top Tier Of Maryland Labor And Employment Law Firms By Chambers USA: America’s Leading Lawyers for Business

Fiona W. Ong was re-appointed General Counsel of the Maryland Chamber of Commerce and the Maryland Chamber Foundation

Fiona W. Ong has once again been recognized by Lexology as its “Legal Influencer” for U.S. – Employment, most recently for Q1 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’s was quoted in a February 16, 2022 article for the Washington Informer by William J. Ford, “Maryland Lawmakers Revisit Push for Family, Medical Leave.”

Fiona W. Ong testified before both the Senate Finance Committee and House Economic Matters Committee of the Maryland General Assembly on the proposed Paid Family Leave Program bill

Fiona W. Ong has once again been recognized by Lexology as its “Legal Influencer” for U.S. – Employment, most recently for Q4 2021

We are pleased to announce the publication of the 2022 edition of the Maryland Human Resources Manual, which we author and update annually on behalf of the American Chamber of Commerce Resources and the Maryland Chamber of Commerce

Fiona W. Ong was a guest speaker for the Employment Law Alliance’s podcast series, Employment Matters Episode 345: US Supreme Court “Stays” OSHA ETS

Fiona W. Ong was quoted in an article by Dawn Kawamoto, “How Bereavement Leave Is Evolving at Work,” on Builtin.com

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©

Fiona W. Ong was a panelist for the Asian Pacific American Bar Association of Maryland’s “Diversity in the Law” Program

Shawe Rosenthal Authored the Maryland chapter of Lexology's “Employment: North America” Guide

Fiona W. Ong has once again been recognized by Lexology as its “Legal Influencer” for U.S – Employment

Shawe Rosenthal authored the Maryland Chapter of Chambers’ 2021 Regional Employment Practice Guide,

Fiona W. Ong was the featured guest in the September 2, 2021 episode of “This Week in Legal Blogging with Bob Ambrogi"

Shawe Rosenthal authored the USA Trends and Developments chapter of Chambers’ Employment 2021 Global Practice Guide

We are delighted to announce that all of our partners were listed in The Best Lawyers in America© 2022, an extremely rare accomplishment

Webinar: “The 'New Normal' of Remote Work? What Employers Need to Know" presented by Fiona Ong and Parker Thoeni

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

Shawe Rosenthal Complimentary Webinar: “The 'New Normal' of Remote Work? What Employers Need to Know"

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 has been ranked in the top tier of Maryland labor and employment firms for the eighteenth consecutive year by Chambers USA: America’s Leading Lawyers for Business

Fiona W. Ong was quoted Law360.com article by Vin Gurrieri "4 Questions for Employers as March Madness Bounces Back"

Fiona W. Ong was quoted in an article by Vin Gurrieri "3 Employer Takeaways from the Latest Virus Relief Push"

Fiona W. Ong has once again been recognized by Lexology as its “Legal Influencer” for U.S. – Employment

Fiona W. Ong testified before Maryland’s Senate Finance Committee on the proposed Paid Family Leave Program bill

Shawe Rosenthal Attorneys Recognized by Super Lawyers

Fiona W. Ong was extensively quoted in Wolter Kluwer’s Labor & Employment Law Daily December 29, 2020 article, “House Passes Additional Stimulus Relief.”

"It’s the Holiday Season – Can Employers Restrict Personal Travel?” or Letting Them Go” Blog Featured

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

FFCRA Paid Leave Mandate Revised, DOL Reaffirms its FFCRA Regulations: What attorneys and employers need to know

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 was appointed General Counsel of the Maryland Chamber of Commerce and the Maryland Chamber Foundation

Fiona W. Ong offered guidance to small business owners in a webinar, “Navigating the Coronavirus Business Resources”

Fiona W. Ong has once again been recognized by Lexology as its “Legal Influencer”

Shawe Rosenthal has been ranked in the top tier of Maryland labor and employment firms by Chambers USA: America’s Leading Lawyers for Business

Fiona W. Ong Offered Guidance to Business Owners

Fiona W. Ong and Elizabeth Torphy-Donzella Participated in a Maryland Chamber of Commerce Conference Call

Mark J. Swerdlin and Fiona W. Ong conducted a webinar for hrsimple.com

Mark J. Swerdlin and Fiona W. Ong were featured in a March 18, 2020 Baltimore Business Journal article

Webinar Recording: Coronavirus in the Workplace and Families First Coronavirus Response Act

Best Lawyers Honors Shawe Rosenthal Attorneys

Fiona Ong Recognized by Lexology

Fiona W. Ong was quoted in the article, 'Ruling Alerts Employers to Make EEOC, Lawsuit Comparisons Quickly'

Shawe Rosenthal has been ranked in the top tier of Maryland labor and employment firms by Chambers USA: America’s Leading Lawyers for Business

Fiona W. Ong was quoted in the article, “Trump administration’s overtime proposal scales back Obama-era plan”

Fiona W. Ong was quoted in a March 22, 2019 Bloomberg Law article, “Businesses face expanding harassment risks, liabilities”

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 an article by Fred Hosier, “Medical marijuana user loses job offer: Is that discrimination?”

Fiona W. Ong was quoted in an article by Gloria Gonzalez, “Workplace safety regulation seen undermining opioids fight”

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

Article - "Discrimination based on sexual orientation: Not the "principal evil" but protected by Title VII nonetheless?"

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

Fiona W. Ong Quoted In Ebola Policy Article

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

Employers Beware: The End of the COVID-19 Emergency Does Not Mean The End of the EEOC’s COVID-19 Guidance

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”

New Employment Laws in Maryland – Expedited Minimum Wage Increase, Changes to Paid Family and Medical Leave, and More (and a Webinar!)

Federal Contractor Update –Religious Exemption Developments, Certification Portal, Mega Construction Project Program.

TOP TIP: The National Labor Relations Act Protects (Union and Non-Union) Workplace Discussions of Racism

“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?

Is Employee Entitled to a Transfer as a Reasonable Accommodation Regardless of a Most-Qualified-Applicant Policy?

The DOL Provides Guidance on Lactation Accommodations Under the New PUMP for Nursing Mothers Act

PTO ≠ Salary Under the FLSA

Baby Steps – The EEOC Offers a Little Guidance on the New Pregnant Workers Fairness Act

NLRB General Counsel Provides Clarification on Severance Agreement Non-Disparagement and Confidentiality Provisions

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

Supreme Court Provides Clarification on the Highly Compensated Employee Exemption’s Salary Requirement

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.

January 2023 E-Update

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.

TOP TIP: New Minimum Wage Rates for 2023 in the Mid-Atlantic and for Federal Contractors/Subcontractors

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.

December 2022 E-Update

The Return of the Micro-Unit: The NLRB Shifts Course Yet Again

November 2022 E-Update

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

What Employers Need to Know About the New “Speak Out Act’s” Prohibitions on Nondisclosure and Nondisparagement Provisions

October 2022 E-Update

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

September 2022 E-Update

TOP TIP: Applicants and Prescription Drugs – What Employers Can and Should Do

Well, If You’re An Employer Who Really Wants Your Employees to Unionize, There’s a Federal Agency Toolkit for You

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

Federal Contractor Update – Extended Objections to Disclosure of EEO-1 Reports, Revised Directive on Functional Affirmative Action Programs, and New Disclosure Requirements

Can Employee’s Own Testimony Support Their Disability?

An Employer Must Not Retaliate Against an Employee for Others’ Activity

August 2022 E-Update

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

Federal Contractor Update – Revised Compensation Analysis Directive, Objections to Disclosure of EEO-1 Reports, and New Construction Contract Portal

Offensive Language May Be Protected Concerted Activity

July 2022 E-Update

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

TOP TIP: Employers, You Don’t Always Have to Call Your Attorney First… Take a Look at the US DOL’s elaws Advisors

Be Accurate With Those Performance Reviews!

Maryland Employers Beware - State Wage Laws Do Not Incorporate Federal Portal-to-Portal Act and Its Exclusions from Compensation

June 2022 E-Update

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

May 2022 E-Update

OFCCP Update for Government Contractors – Impending Contractor Evaluations, Upcoming Contractor Portal Deadline

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 EEOC and DOJ Offer Suggestions to Employers on Avoiding Disability Discrimination When Using AI Technologies

The DOL Issues Guidance on Mental Health and the FMLA

April 2022 E-Update

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

New Employment Laws in Maryland – Paid Family and Medical Leave, Expanded Definition of Harassment, Disability Accommodations and More (and a Webinar!)

The Maryland General Assembly Just Passed Paid Family and Medical Leave – What’s Next for Employers?

March 2022 E-Update

TOP TIP: The Actions of a Single Employee Can Be Protected Concerted Activity

D.C.’s Noncompete Ban Is Delayed Until October 1, 2022

Federal Contractor Update

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

February 2022 E-Update

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

January 2022 E-Update

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

DOL’s Annual Penalty Increase

Update on Enforcement Deadlines for CMS Vaccination Mandate

NLRB Poised to Reverse Course on Work Rules, Joint Employer Status and Mandatory Arbitration Agreements

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

December 2021 E-Update

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

TOP TIP: New Minimum Wage Rates for 2022 in the Mid-Atlantic and for Federal Contractors and Subcontractors

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

November 2021 E-Update

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

October 2021 E-Update

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…

TOP TIP: Employers – HIPAA Does NOT Apply to Proof of Vaccination (or Other Employee Medical Records in Your Possession)!

EEOC Issues Guidance On Religious Exemptions to COVID-19 Vaccine Requirements

September 2021 E-Update

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

Telework and Modified Schedules Are Not Reasonable Accommodations If the Employee Cannot Perform Their Essential Functions

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

August 2021 E-Update

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

July 2021 E-Update

Too Short? Too Bad - Just Being Short Is Not a Disability

TOP TIP: Masks Redux? What Employers Need to Know About the Latest Guidance for Fully Vaccinated Individuals from the CDC

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?

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

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

President Biden Issues Challenging Executive Order Seeking to Ban or Limit Non-Competes, Occupational Licensing Requirements, and Wage-Sharing

June 2021 E-Update

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

Maryland Employers and Current COVID-19 Considerations: Workplace Safety Standards, Vaccinations, Masking, Paid Leave, and More

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

TOP TIP: Employers – Don’t Forget the FMLA When Dealing with Workers’ Comp (And Other Medical Leaves)!

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

New Employment Laws in Maryland – Protection for Essential Workers, Bereavement Leave, Workplace Peace Orders, and More! (And a Webinar!)

TOP TIP: Some Thoughts On Protecting and Bringing Claims for the Theft of Trade Secrets Under the Defend Trade Secrets Act

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.”

Supreme Court’s Seminal Bostock Decision “In No Way Altered the Pre-existing Standard for Sexual Harassment.”

OSHA Announces Increased Enforcement Efforts Related to COVID-19

EEOC Announces EEO-1 Filing Period - From April 26 through July 19, 2021

The Biden DOL Seeks to Overturn Employer-Friendly Final Rules on Independent Contractor and Joint Employment Status

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!

Worker Recall and Retention Mandates Imposed on D.C. Hospitality, Retail, and Service Contractor Employers

Court Condemns Employer’s Attempt to Place the Burden of Responding to Customer Harassment on the Employee

Courts Are Divided on Whether Employers and Employees Can Contractually Agree to Shorter Limitations Periods

“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

It’s Going to Be a Bumpy Ride - The Changes (So Far) to DOL and EEOC Employment Standards Under President Biden

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

Employers May Voluntarily Extend FFCRA Paid Leave Benefits and Receive a Tax Credit – Through March 31, 2021

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

More Employees in Quarantine? CDC Expands Definition of “Close Contact” with an Individual with COVID-19

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

EEOC Expands COVID-19 Guidance on Testing, Medical Inquiries, Confidentiality, Accommodations, and More

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

Federal Court Vastly Expands FFCRA Paid Leave Mandate – What This Actually Means for Covered Employers

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 Offers COVID-19 Guidance on Enforcement Action Damages, Summer Jobs for Teens, and Summer Camp Closures

DOL Released New FLSA Opinion Letters on Targeted Topics

TOP TIP: Masks/Face Coverings in the Workplace Uncovered! What Can Employers Require?

COVID-19 Agency Update: OSHA Issues Guidance on Reopening for Non-Essential Businesses; EEOC Addresses Antibody Testing and Reasonable Accommodations, Harassment and Discrimination; SBA Provides New PPP Application

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

CDC Issues Interim Reopening Guidance for Employers of High Risk Employees, As Well As Industry-Specific Recommendations

COVID-19 Agency Update: CDC and OSHA Issue Reopening Guidance, EEOC Explains Accommodation of High-Risk Workers, IRS Expands Employee Retention Credit, DOL Adds to FFCRA Q&As, FEMA Provides Exercise Starter Kit for Reopening

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?

COVID-19 Agency Update: CDC and Essential Workers, EEOC and Non-Discrimination, OSHA and COVID-19 Recordkeeping/Enforcement, DOL and Unemployment Compensation Under CARES, and VETS and COVID-19 National Guard Service

No Rest for the Weary – DOL Adds to Q&A Guidance

DOL Issues FFCRA Regulations – And (No April Fooling) There Are Some Surprises!!

IRS Identifies What Documentation Can Be Required by Employers for FFCRA Leave, and Much More on Tax Credits

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

New Employment Laws in Maryland – COVID-19, Mandatory WARN Requirements, Salary History Ban, Hair Discrimination and More!

DOL Explains Small Business, Healthcare Provider and Emergency Responder Exemptions to Families First Coronavirus Response Act, and Many Other Things

DOL Answers More Burning Questions and Provides a Poster About Families First Coronavirus Response Act

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

“The ADA Does Not Protect Persons Who Have Erratic, Unexplained Absences, Even When Those Absences Are a Result of a Disability.”

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

Federal Contractor Update – Minimum Wage Increase, Contractor Portal, Guidance for Educational Institutions

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

The OFCCP On Fire – Compliance Assistance Guides, Proposed Religious Exemption Rule, and Contractor Assistance Portal

TOP TIP: EEOC’s Criminal Background Check Guidance Enjoined by Fifth Circuit – What Does This Mean for Employers?

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

And Even More NLRB Advice Memos – Work Rules, Communication Practices, and the Union’s Duty of Fair Representation

DOL Issues New (Not So Interesting) FLSA Opinion Letters on the “8 and 80” Rule, the Teacher Exemption, and the Agricultural Exemption

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 Issues Opinion Letters on Designating FMLA Leave, as well as Volunteer Activities and State Law Exemptions Under the FLSA

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

DOL Releases New Opinion Letters: Tipped Employees and Non-Tipped Work, Hourly/Daily/Shift Compensation for Exempt Employees, and More

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

Employers (Including Federal Contractors) Must Permit Off-Duty Medical Marijuana Use Under Connecticut Law

Government Contractor Update: New OFCCP Directives and Minimum Wage Increase

Another Month, Another Release of NLRB Advice Memos – Independent Contractors, No-Recordings and Conflict of Interest Rules

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

This Month’s Assortment of NLRB Advice Memos – A Day Without Immigrants, Weingarten Rights, and Picketing

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.

TOP TIP: Employers Should Ensure They Are a Party to the Arbitration Agreement They Want to Enforce (Of Course)

Another Month, Another Slew of NLRB Advice Memos

Recent Court Rulings Highlight the Importance of Prompt and Proportionate Response to Harassment Complaints

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

DOL's Proposed Overtime Rule

Ebola In The Workplace

Employment Law Deskbook

Volume 10, Labor and Employment Law

Maryland Human Resource Manual

DOL Overtime Rule Struck Down

Extraordinary Employee Excuses