A recent study found that 62% of Americans say they are afraid to share their political views due to a fear that others might be offended. This fear is not always unwarranted. Across the country, employees have been facing discipline for expressing their views on...
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Month: July 2020
30 Years After The ADA, More Needed For People With Disabilities
This week marks 30 years since the Americans With Disabilities Act (ADA) was passed into law with strong bipartisan support. The law prohibits discrimination in employment, transportation and public accommodations against people with disabilities. Yet although the ADA...
A Guide to Virginia’s New “Ban the Box” Law
It’s not easy to apply for a new job when you have a criminal record. A conviction can hang over your application like a dark cloud and overshadow everything you have to offer. “Ban the Box” laws seek to address this worry by prohibiting employers from inquiring...
2 In 10 Survey Respondents Say Women’s Gains Come At Men’s Expense
We recently passed the 100th anniversary of Women’s Suffrage. About half of Americans agree that the right to vote was the most important milestone in the advancement of women in the U.S. At the same time, a majority of American adults think we haven’t gone far enough...
COVID-19 Related Pregnancy Discrimination on the Rise
As we previously blogged, employers who are reopening after the COVID-19 lockdown can expect an increase in lawsuits from employees for retaliation and whistleblowing. The latest emerging trend is COVID-19 related lawsuits by pregnant employees. Because pregnant...
If You Don’t Keep Time Records, Courts Can Infer The Information
A federal court of appeals has ruled that the Department of Labor can infer workers’ hours from limited information when the employer fails to keep required records. Under the federal Fair Labor Standards Act (FLSA), an employer’s lack of record-keeping can be...
Under the FFCRA, Am I Entitled to Leave to Watch My Kids During Summertime?
As we previously blogged, employers are obligated under the Families First Coronavirus Response Act (FFRCA) to provide employees up to two weeks (80 hours) of paid sick leave and up to 12 additional weeks of paid, expanded family and medical leave to an employee whose...
How to Recall Workers After COVID-19 Furloughs
As Maryland moves through Phase Two of its plan to re-open, many employers will need to make difficult decisions about whether they will recall furloughed workers, which workers to recall, and how to recall them. This guide will help employers lawfully navigate the...
Federal Court: 40-Year Newspaper Deliverer Is Legally An Employee
Under the federal Fair Labor Standards Act, certain workers can be considered legally employees even if they were brought on as independent contractors. The main issue for the courts is whether the worker has significant control over the details and performance of the...