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D.C.’s non-compete ban creates sea change – even for employers that don’t use non-competes or other restrictive covenants

On January 11, 2021, District of Columbia Mayor Muriel Bowser signed the Ban on Non-Compete Agreements Amendment Act of 2020 (the Act). The Act has significant implications for D.C. employers, even those that do not use...more

Can employers adopt mandatory COVID-19 vaccination programs? Should they? Key considerations in light of the EEOC’s COVID-19...

On December 16, 2020, the Equal Employment Opportunity Commission (EEOC) updated its COVID-19 guidance to address COVID-19 vaccines in the workplace. The EEOC’s guidance implies that a mandatory workplace vaccination program...more

D.C. requires employers to adopt COVID-19 worker protection policies, increases retaliation protections

A new D.C. emergency law titled “Protecting Businesses and Workers from COVID-19 Emergency Amendment Act of 2020” (Act), signed by the Mayor on August 13, 2020, requires all private employers and D.C. agencies to take...more

Maryland salary history ban and wage range notice requirement to take effect October 1

On October 1, 2020, a new Maryland law related to compensation will: - prohibit employers from requesting or relying on job applicants’ prior pay history to make decisions about employment or initial pay in most...more

Virginia’s new COVID-19 workplace safety standards create extensive additional obligations for employers, including mandatory...

Effective July 27, 2020, Virginia employers must comply with new COVID-19 workplace safety standards, known as the Emergency Temporary Standard (ETS). The ETS applies to all employers subject to the jurisdiction of the...more

Virginia to finalize nation’s first COVID-19 workplace safety standards

After several weeks of discussion, the Virginia Safety and Health Codes Board (Board) on July 15, 2020 adopted the nation’s first workplace safety standards designed to establish requirements for employers to control,...more

CDC provides updated guidance and toolkit for employers preparing to re-open

CDC provides updated guidance and toolkit for employers preparing to re-open - The U.S. Centers for Disease Control and Prevention (CDC) continues to release workplace re-opening guidance, both generally and for employers...more

CDC issues new guidance regarding critical infrastructure workers with potential COVID-19 exposure

On April 8, 2020, the Centers for Disease Control and Prevention (CDC) released updated interim guidance (Guidance) advising that asymptomatic critical infrastructure workers may be permitted to continue to work onsite...more

District of Columbia Employment Law Changes: Looking Back at 2019 and Ahead at 2020

As sophisticated employers know, an employer must track and comply with developments not only in federal law, but also state and local law. This blog post details key changes in employment laws in the District of Columbia in...more

Clearing Out the Cobwebs: EEOC Rescinds Decades Old Policy Against Binding Arbitration

As part of an ongoing project to update its guidance and technical assistance documents, the Equal Employment Opportunity Commission (“EEOC”) last week issued a statement rescinding its 1997 Policy Statement on Mandatory...more

D.C. Universal Paid Leave Update: Proposed Benefits Regulations (Coordinating Paid Leave Policies –the Devil Is In The Details)

On August 9, 2019, the D.C. Office of Employment Services (DOES) took another step toward full implementation of D.C.’s Universal Paid Leave Amendment Act of 2016 (UPLA) by issuing proposed benefits regulations. In a recent...more

DC Paid Family and Medical Leave Update: What Employers Need to Know Now

Under the District of Columbia’s Universal Paid Leave Amendment Act of 2016 (UPLA), paid family and medical leave will soon be a reality in DC.  The DC paid leave program will be funded entirely by employer payroll tax...more

Employers Must Update Background Check Paperwork Under the Fair Credit Reporting Act

Effectively immediately, employers who perform background checks on applicants or employees using third party consumer reporting agencies (these background checks are known as “consumer reports”)...more

Over 40 Need Not Apply? Your Age-Neutral Recruiting Practices May Violate the ADEA

Everyone knows that employers covered by the Age Discrimination in Employment Act (ADEA) cannot intentionally refuse to hire job applicants because they are 40 years old or older, and that it is generally unlawful to post a...more

Supreme Court Passes on ADA Leave Question, For Now

We blogged in February about two Seventh Circuit cases pending before the Supreme Court that would have given the Court the opportunity to provide guidance as to whether, and if so to what extent, the ADA requires employers...more

Federal Contractors and Subcontractors: Are Your EEO Posters Up To Date?

Most employers are required to post the familiar EEO Is the Law poster. This is a friendly reminder that the OFCCP (Office of Federal Contract Compliance Programs) also requires federal contractors and subcontractors subject...more

Supreme Court May Take Up Tricky ADA Leave Issue

Suppose that an employee with cancer has exhausted 12 weeks of unpaid leave under the Family and Medical Leave Act (FMLA) but needs more time to recover from treatment before returning to work....more

OFCCP Required To Share Statistical Findings In Enforcement Action

Employers facing a determination by the OFCCP (Office of Federal Contract Compliance Programs) that they have violated the anti-discrimination laws applicable to federal contractors often confront a black box when trying to...more

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