Last week, the U.S. Department of Labor issued a final rule on tip pooling between front-of-house and back-of-house employees. The rule authorizes such pooling, which includes workers who haven’t traditionally enjoyed a share in tips. However, in order to set up such...
Month: December 2020

An Employer’s Guide to the COVID-19 Vaccine
As the COVID-19 vaccine is rolled out over the next several months, employers should start to think about their own vaccine policies. Can Employers Make Vaccination Mandatory? A vaccine is considered a medical procedure under the ADA, and therefore employers can only...

SBA Cracks Down on PPP Abuse With New “Necessity Questionnaire”
As we previously blogged, Congress established the Paycheck Protection Program (PPP) under the Coronavirus Aid, Relief, and Economic Security (CARES) Act. This $669 billion-dollar loan program was designed to help businesses negatively affected by COVID-19 continue...
AP Investigation Finds Sexual Misconduct In High Ranks Of FBI
An investigation by the Associated Press found at least six allegations of sexual misconduct by senior FBI officials that occurred over the past five years. In each case, the accused officials seem to have avoided any discipline, even when the claims against them were...

Fourth Circuit Sheds Light on “Reasonable” Accommodation Requests
As COVID-19 cases continue to rise, employers can expect requests for accommodations under the Americans with Disabilities Act (ADA) to rise as well. Recently, the 4th Circuit issued an opinion that highlights the importance of engaging in an interactive process with...
Tipped Workers Deserve Protection From Harassment By Customers
When a large part of your wages comes from customer tips, you may go out of your way to accommodate the customer. That can lead to great customer service, but it sometimes also means putting up with sexual harassment or other issues. Employers have a legal duty to...
Could Your D&O Policy Require Better Diversity Practices?
After the nationwide and international protests spurred by the death of George Floyd, at least seven lawsuits were filed against major American companies alleging that their diversity practices are deficient. For example, shareholders at Cisco Systems Inc. sued the...