June 2019 E-Update


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Supreme Court Upholds Deference to Agency Interpretation of Regulations

In a case with widespread impact across all legal areas, including labor and employment, the U.S. Supreme Court upheld the Auer doctrine, under which courts give deference to an agency’s reasonable reading of its own ambiguous regulations. For more, click here.

Federal Hate Crimes Act May Apply to Workplace Misconduct

In a case of first impression throughout the U.S., the U.S. Court of Appeals for the Fourth Circuit (which covers Maryland, Virginia, West Virginia, and the Carolinas) held that the Federal Hate Crimes Prevention Act of 2009 may apply to violent crime that interferes with ongoing economic or commercial activity in the workplace.For more, click here.

Another NLRB Advice Memo on Handbook Rules

The National Labor Relations Board released yet another batch of Advice Memoranda this month. Advice Memoranda contain the recommendations of the Office of General Counsel to the Board on specific issues. For more, click here.

Update on Minimum Wage Increases in the Mid-Atlantic Region

Although the federal minimum wage remains $7.25, many states and local jurisdictions have enacted increases in the minimum wage. A number of those increases are scheduled to take place on July 1, 2019, including the following throughout the Mid-Atlantic region.  For more, click here.


Obesity Alone Is Not A Disability

The U.S. Court of Appeals for the Seventh Circuit held that extreme obesity, without evidence of an underlying physiological condition, does not meet the definition of a physical impairment and therefore is not considered a disability under the Americans with Disabilities Act. For more, click here.

Work Restrictions Don’t Necessarily Amount to a Disability

The U.S. Court of Appeals for the Sixth Circuit held that the fact an employee had work restrictions that prevented his transfer did not mean that he was disabled under the Americans with Disabilities Act. For more, click here.

Employer Need Not Provide Notice and Opportunity for Post-Discharge Bargaining

The National Labor Relations Board held that an employer had no obligation to give the union notice and the opportunity to bargain before discharging employees under existing disciplinary standards after a union election but before the union was certified. For more, click here.

Third Party Agreement Incorporated into a Bargaining Proposal Must Be Provided to Union

The U.S. Circuit Court for the District of Columbia held that an employer must provide an unredacted copy of an agreement with a third party where such agreement was incorporated into the employer’s bargaining proposal. For more, click here.

Fourth Circuit Suggests Transfer Is Not Required Reasonable Accommodation

In a brief and non-precedential opinion, the U.S. Court of Appeals for the Fourth Circuit ruled that an employer is “not required to find another job for an employee who is not qualified for the job he…was doing.”For more, click here.

New York Vastly Expands Workplace Harassment and Discrimination Protections

In a flurry of activity, the New York state legislature has passed, and the Governor has indicated that he will sign, a number of new measures aimed at expanding protections against harassment and discrimination in the workplace For more, click here.

TOP TIP: Make Sure to Define Your FMLA Year

As employers with 50 or more employees know, the Family and Medical Leave Act provides eligible employees with 12 weeks of leave in a 12-month period. The FMLA permits the employer to define the 12-month period. But what a recent case highlights is that if the employer does not do so, the employee is entitled to the 12-month period that is the most favorable to him or her. For more,  click here.