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Practice Area: Employment

President Trump’s Order On Combating Race And Sex Stereotyping And How It Impacts Government Contractors

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President Trump recently signed Executive Order 13950, Combating Race and Sex Stereotyping (the “EO”), which seeks to “combat offensive and anti-American race and sex stereotyping and scapegoating,” and end “divisive concepts” covered in some of these workplace trainings. The EO establishes requirements aimed at “promoting unity in the Federal workforce,” by prohibiting messages in workplace…
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Nlrb Issues Guidance On Covid-19

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The National Labor Relations Board (“NLRB”) recently addressed the issue of COVID-19 for the first time since the pandemic. The NLRB issued a series of advice memoranda instructing its regional offices to dismiss various COVID-19 related charges against employers. Over the course of five memoranda, the NLRB concluded: (1) an employer is not obligated to…
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Covid Litigation Filed By Pregnant Employees

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Businesses continue to grapple with the realities of working during the COVID-19 pandemic and the quickly evolving legal landscape regarding returning employees to work. A number of new lawsuits related to pregnancy discrimination have been recently filed because COVID-19 can present an elevated immune and respiratory risk to pregnant women. In California, an employee alleged…
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Interplay Of The Ada And Returning High Risk Employees To Work During Covid 19

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The Equal Employment Opportunity Commission (“EEOC”) has clarified a question that has been playing on the minds of employees and employers alike: during the COVID-19 pandemic, how does the ADA apply to workers who do not want to return to the workplace because they are “high risk?”  If an employee, who has a medical condition…
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President Signs Cares Act Attaching Strings To Business Loans

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On March 27, 2020, President Trump signed the Coronavirus Aid, Relief, and Economic Security Act (the “CARES Act”), which is a $2 trillion relief package aimed to help diminish the economic impact of the COVID-19 pandemic. The Act includes certain provisions particularly relevant to employers. Among many other things, the Act creates a loan program for mid-size companies,…
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Osha And Cdc Guidance To Employers Regarding The Coronavirus

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Both the Occupational Safety and Health Administration (“OSHA”) and the Center for Disease Control and Prevention (“CDC”) published guidance for employers on planning for and protecting their workplaces from exposure to and infection from COVID-19, or coronavirus. Employees in most types of workplaces have a low risk of exposure and infection. However, OSHA warns that…
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Department Of Labor Issues Final Rule On Joint Employer Status Under The Flsa

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On January 16, 2020, the U.S. Department of Labor published in the Federal Register the Final Rule regarding joint employer status under the Fair Labor Standards Act (“FLSA”). These changes to the rule are the first meaningful revisions to the regulations in more than 60 years. The Final Rule discusses two joint employer scenarios: (1)…
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Employers May Require Confidentiality In Workplace Investigations

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The National Labor Relations Board (“NLRB”) ruled that an employer may now require confidentiality from employees involved in open workplace investigations.  This resolves a conflict between the NLRB and the Equal Employment Opportunity Commission (“EEOC”) and provides clarity for employers. In 2015, the NLRB reversed precedent and held that employers must determine whether imposing confidentiality…
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Eleventh Circuit Dismisses Equal Protection Challenge To Alabama Minimum Wage Law

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After a recent Eleventh Circuit decision in Lewis v. Governor of Alabama 896 F.3d 1282 (11th Cir. 2018), the Eleventh Circuit Court of Appeals agreed to a full-court review to decide the validity of a 2016 Alabama Law prohibiting cities or other local municipalities from adopting their own laws concerning minimum wages. The law was…
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