On Thursday, June 18, the Occupational Safety and Health Administration (OSHA) published a pamphlet with “guidance to assist employers and workers in safely returning to work and reopening businesses deemed by local...more
6/22/2020
/ Anti-Retaliation Provisions ,
Centers for Disease Control and Prevention (CDC) ,
Coronavirus/COVID-19 ,
Corporate Counsel ,
Employer Liability Issues ,
Employer Responsibilities ,
Non-Essential Businesses ,
Re-Opening Guidelines ,
Return-to-Work Agreements ,
Social Distancing ,
Workplace Safety
As employers across the country are implementing return to work procedures and are gradually opening up their workspaces, many employers were left with unanswered questions regarding what testing they may conduct prior to...more
Last week, the EEOC updated its Q&As for “What You Should Know About COVID-19 and the ADA, the Rehabilitation Act, and Other EEO Laws”. Here are some highlights...more
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
On May 19, 2020, the Occupational Safety and Health Administration (OSHA) issued Revised Enforcement Guidance (Guidance) requiring employers to investigate whether employee COVID-19 infections are “work-related” for the...more
In an important development for critical workforces that continue to operate, as well as businesses planning to reopen, the Equal Employment Opportunity Commission (EEOC) has advised employers that they may administer...more
4/24/2020
/ Coronavirus/COVID-19 ,
Emergency Management Plans ,
Employer Liability Issues ,
Equal Employment Opportunity Commission (EEOC) ,
Health and Safety ,
Infectious Diseases ,
Policies and Procedures ,
Preventive Health Care ,
Public Health ,
Risk Management ,
Workplace Safety
Employers should be aware of recent changes in state workers’ compensation laws which expand protections for “front-line” workers in response to the ongoing COVID-19 pandemic. ...more
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
4/17/2020
/ Centers for Disease Control and Prevention (CDC) ,
Coronavirus/COVID-19 ,
Critical Infrastructure Sectors ,
Employer Liability Issues ,
Health and Safety ,
Operators of Essential Services ,
OSHA ,
Personal Protective Equipment ,
Screening Procedures ,
Social Distancing ,
Workplace Decontamination ,
Workplace Safety
The Occupational Safety and Health Administration (OSHA) will begin issuing industry-specific guidance to protect American workers during the COVID-19 pandemic. The guidance to date has been in the form of “tips” rather than...more
The “Families First Coronavirus Response Act” (the “Bill”), a broad response to the COVID-19 coronavirus pandemic, has passed the House of Representatives by a vote of 363-40 and is expected to pass in the Senate and be...more
3/16/2020
/ Business Continuity Plans ,
China ,
Coronavirus/COVID-19 ,
Corporate Counsel ,
Crisis Management ,
Emergency Management Plans ,
Employer Liability Issues ,
Family and Medical Leave Act (FMLA) ,
Health and Safety ,
Infectious Diseases ,
Legislative Agendas ,
Paid Time Off (PTO) ,
Pending Legislation ,
Policies and Procedures ,
Public Health ,
Risk Management ,
Sick Leave ,
Sick Pay ,
Trump Administration ,
Wage and Hour ,
Workplace Safety
The Coronavirus which causes the disease COVID-19 (“Coronavirus”) presents a plethora of challenging labor and employment issues for employers in the United States. ...more
3/6/2020
/ Best Practices ,
Business Continuity Plans ,
China ,
Coronavirus/COVID-19 ,
Crisis Management ,
Emergency Management Plans ,
Employer Liability Issues ,
Health and Safety ,
Infectious Diseases ,
Medical Leave ,
Policies and Procedures ,
Public Health ,
Risk Management ,
Sick Leave ,
Wage and Hour ,
Workplace Safety
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 Commonwealth of Virginia...more
1/13/2020
/ #MeToo ,
Ban the Box ,
Contract Terms ,
Criminal Background Checks ,
Employer Liability Issues ,
Employment Contract ,
Employment Records ,
Exemptions ,
Hiring & Firing ,
Labor Regulations ,
LGBTQ ,
Low-Wage Workers ,
Minimum Wage ,
New Legislation ,
Non-Compete Agreements ,
Non-Disclosure Agreement ,
Paid Time Off (PTO) ,
Payroll Records ,
Request For Information ,
Sexual Assault ,
Sexual Harassment ,
Sick Leave ,
State and Local Government ,
State Labor Laws ,
Wage and Hour ,
Wages
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
1/13/2020
/ #MeToo ,
Domestic Violence ,
Employee Training ,
Employer Liability Issues ,
Food Service Workers ,
Human Rights Act ,
Labor Regulations ,
Local Ordinance ,
Minimum Wage ,
New Legislation ,
Paid Leave ,
Paid Time Off (PTO) ,
Regulatory Requirements ,
Sexual Assault ,
Sexual Harassment ,
State and Local Government ,
State Labor Laws ,
Tipped Employees ,
Tips ,
Wage and Hour ,
Wage Garnishment
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
On September 24, 2019, the U.S. Department of Labor (DOL) announced a final rule that, effective January 1, 2020, will increase the salary threshold, by approximately 50%, that so-called “white collar” employees must be paid...more
9/27/2019
/ Bonuses ,
Department of Labor (DOL) ,
Employer Liability Issues ,
Exempt-Employees ,
Fair Labor Standards Act (FLSA) ,
Final Rules ,
Highly Compensated Employees ,
Minimum Salary ,
Misclassification ,
Non-Exempt Employees ,
Over-Time ,
Sales Commissions ,
Wage and Hour ,
White-Collar Exemptions
Beginning on July 1, 2019, Virginia employers must, for the first time, disclose certain employment records of current and former employees upon request. See Va. Code § 8.01-413.1. This blog post answers some essential...more
On June 14, 2019, the United States Court of Appeals for the District of Columbia Circuit rejected the argument that a university should be entitled to special academic deference in employment discrimination claims concerning...more
7/10/2019
/ Agency Deference ,
Anti-Discrimination Policies ,
Appeals ,
Civil Rights Act ,
Employer Liability Issues ,
Employment Discrimination ,
Employment Litigation ,
Employment Policies ,
Human Rights Act ,
Tenure ,
Title VII ,
Universities
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
Employers and employees entering into separation or settlement agreements have traditionally agreed to nondisclosure clauses that prohibit disclosure of the agreement or the circumstances leading to its execution. ...more
4/10/2018
/ Civil Rights Act ,
Corporate Culture ,
Employer Liability Issues ,
Equal Employment Opportunity Commission (EEOC) ,
Harassment ,
Hiring & Firing ,
Hostile Environment ,
Non-Disclosure Agreement ,
Sexual Harassment ,
Tax Cuts and Jobs Act ,
Tax Deductions ,
Tax Reform ,
Title VII
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