March 2017 E-Update


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Shawe Rosenthal “Runs Point” On Comments On the EEOC’s Proposed Harassment Guidance

Shawe Rosenthal, in conjunction with four other law firms, led the effort on behalf of the Employment Law Alliance (of which we are a member) to submit written comments on the Equal Employment Opportunity Commission’s Proposed Enforcement Guidance on Unlawful HarassmentRead More

Supreme Court Finds Lafe Solomon Improperly Served as NLRB General Counsel

The U.S. Supreme Court found that the National Labor Relations Board’s Acting General Counsel, Lafe Solomon, improperly served in that capacity from 2011-2013, while awaiting Senate confirmation…Read More

Two Appellate Courts Find Sexual Orientation Discrimination Is Not Covered by Title VII

This month, two separate U.S. Circuit Courts of Appeals, the 2nd and the 11th, each held that Title VII’s prohibition on sex discrimination does not include sexual orientation discrimination – a holding directly at odds with the Equal Employment Opportunity Commission’s position…Read More

Maryland Jury Duty Law Clarified by Federal Court

The U.S. District Court for the District of Maryland recently offered some clarification as to the provisions of Maryland’s jury duty law…Read More

What This Means for Employers: Employers can implement jury duty leave policies that require an employee to return to work for the remainder of his shift if dismissed early from jury duty, and the enforcement of such policies is…Read More


No More Blacklisting Rule for Government Contractors.  On March 27, 2017, President Trump signed a congressional resolution blocking implementation of the controversial “blacklisting rule” applicable to government contractors…Read More

NLRB Reiterates that Email May Be Used for NLRA Protected Communications. Despite a request to reconsider its decision, the National Labor Relations Board has reaffirmed its position that employees have a presumptive right to use an employer’s email system to engage in union-related…Read More

Maryland Federal Court Emphasizes Obligation to Reassign Disabled Employee. The U.S. District Court for the District of Maryland recently reiterated the broad extent of the employer’s obligation to reassign a disabled employee as a reasonable accommodation under the American with Disabilities Act…Read More

Federal Circuit Split on Whether Dodd-Frank Protects Internal Whistleblowers. Deepening a U.S. Circuit Court split on the issue, the U.S. Court of Appeals for the 9th Circuit found that the anti-retaliation provisions of the Dodd-Frank Wall Street Reform and Consumer Protection Act apply to whistleblowers…Read More

Applying Tip Credit to Non-Tipped Work May Violate Minimum Wage Requirement.  The U.S. Court of Appeals for the 10thCircuit held that an employer may not take a tip credit for the time an employee spends performing non-tipped work, if such work exceeds 20% of the employee’s regular workweek….Read More

TOP TIP: Requiring Disclosure of Legally Prescribed Medications May Violate the ADA

As the U.S. Court of Appeals for the 10th Circuit recently reminded us, an employer’s general requirement that employees disclose their use of legally prescribed medications could violate the Americans with Disabilities Act…Read More



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