December 2021 E-Update

Click here to view entire E-Update as a PDF RECENT DEVELOPMENTS Where All the Federal Vaccine and Other COVID Mandates Stand Now The Biden Administration has issued a number of COVID-related mandates applicable to employers, including: (1) OSHA’s vax-or-test Emergency Temporary Standard (ETS) for larger employers; (2) OSHA’s ETS for […]

Even where the employer has directed the supervisor to avoid the violation in question, as the U.S. Court of Appeals for the Fifth Circuit found. In Angel Brothers Enterprises, Ltd. v. Walsh, the company’s safety manager told the supervisor that the crew needed to use a trench box to prevent […]

The Office of Federal Contract Compliance Programs has announced the creation of an online contractor portal through which service and supply (but not construction) contractors and subcontractors: (1) are required to annually certify whether they have developed and maintained an affirmative action program for each establishment and/or functional unit; and […]

A recent case offers employers a good reminder of the fact that a valid retaliation claim may exist even if the underlying discrimination claim has no merit. In Reznik v. inContact, Inc., the employee received internal complaints from two other workers, who were native Filipinos working in the company’s office […]

That was the rather obvious lesson learned by an employer in a recent sex discrimination case. But there are more subtle lessons here regarding an employer’s ability to establish performance expectations and documentation. In Sempowich v. Tactile Systems Technology, Inc., an award-winning female sales manager with strong annual evaluations was […]

Although the federal minimum wage remains $7.25, with a tipped wage rate of $2.13, most states in the mid-Atlantic region have implemented higher minimum wage rates. (The tipped wage rate for tipped employees, together with any tip credit, must meet the minimum wage. Employers are responsible for making up any […]

The Fair Chance to Compete for Jobs Act of 2019 (which was part of the National Defense Authorization Act) took effect on December 20, 2021 and requires agencies to include a clause in federal contracts that prohibits contractors from requesting, either verbally or in writing, the criminal history of an […]

In a warning to employers, the U.S. Court of Appeals for the Eleventh Circuit found that an employer’s actions could constitute illegal retaliation for an employee’s discrimination complaint, even if she did not know of it. In Smith v. City of Pelham, an employee filed a discrimination complaint against her […]

The U.S. Court of Appeals for the Third Circuit joined its sister Circuits in finding that an employee has experienced an adverse employment action when they receive a notice of termination, even if they ultimately maintain their employment with the employer. In Fowler v. AT&T, Inc., the employee was placed […]

The National Labor Relations Board is inviting briefs in a case where a union seeks to represent a small pocket of employees within an employer’s larger, functionally integrated operation. The Biden Board is expected to overturn the 2017 decision in PCC Structurals and return to the Obama-era standard under Specialty […]