September 2021 E-Update

Click here to view entire E-Update as a PDF RECENT DEVELOPMENTS New NLRB GC Intends to Seek Case Law Reversals That Will Benefit Unions On August 12, 2021, the recently confirmed General Counsel (GC) of the National Labor Relations Board (NLRB), Jennifer Abruzzo, issued her first official memo. Per an NLRB press release, GC Memo 21-04 “lays […]

TOP TIP: Employers Beware! Private Arbitration Agreements Won’t Stop DOL Lawsuits

The U.S. Department of Labor recently highlighted a federal court ruling that private arbitration agreements will not prevent the federal Secretary of Labor from bringing suit against an employer for violation of the Fair Labor Standards Act (and presumably other federal laws within the DOL’s jurisdiction, like the Family and Medical Leave Act). Many employers […]

The Employee Is Not Entitled to Their Preferred Accommodation – Only a Reasonable One

A recent case is a good reminder to employers that, while the Americans with Disabilities Act requires employers to provide disabled employees with reasonable accommodations to enable them to perform their essential job functions or enjoy the privileges and benefits of employment, the choice of accommodation is the employer’s – not the employee’s. In Jennings […]

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

In the context of the increase in telework during the pandemic and burgeoning requests from employees to continue telework as a reasonable accommodation, the U.S. Court of Appeals for the Tenth Circuit issued a case confirming the point that an accommodation, including telework or a modified schedule, is not reasonable if the employee is unable […]

Title VII Does Not Protect Need for Childcare or Requesting Time Off for Childbirth

As the U.S. Court of Appeals for the Tenth Circuit explained, Title VII prohibits discrimination on the basis of sex, which includes pregnancy, childbirth, and related medical conditions, but not childcare per se. And protected activities under Title VII are limited to opposing unlawful activity under Title VII or participating in an investigation, proceeding or […]

More Updates for Government Contractors

Many things of interest to government contractors happened this month, beyond the vaccination guidance discussed elsewhere in this E-Update. These include the following: Affirmative Action Program Verification: The Office of Federal Contract Compliance Programs’ proposed Affirmative Action Program Verification Initiative has been approved by the Office of Management and Budget, meaning that the OFCCP can […]

DOL Announces “Enhanced, Expanded Measures” on Worker Protections from Heat-Related Hazards

Following a September 20, 2021 “Statement by President Joe Biden on Mobilizing the Administration to Address Extreme Heat,” the U.S. Department of Labor has taken several actions intended to combat the hazards associated with workplace exposure to extreme heat, both indoors and out. These include the following: An Occupational Safety and Health Administration enforcement initiative […]

August 2021 E-Update

Click here to view entire E-Update as a PDF RECENT DEVELOPMENTS What the FDA’s Regular Approval of the COVID-19 Vaccine Means for Employers On August 23, 2021, Pfizer-BioNTech COVID-19 vaccine received regular approval from the Food and Drug Administration. Moderna has submitted its application for regular approval, and it is expected that such approval is […]