Earlier this month, the Virginia Overtime Wage Act (VOWA) went into effect. The new law resembles the federal Fair Labor Standards Act (FLSA) in that it requires employers to pay employees an overtime rate of 1.5 times their regular rate for all hours worked in...
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Baltimore Judge Halts Governor’s Early Termination of Pandemic Unemployment Programs
Back in March 2020, Congress passed multiple unemployment programs designed to assist Americans who were out-of-work due to the pandemic. Although these programs are slated to expire on September 6th, Maryland Governor Larry Hogan announced last month that the state...
Federal Court Rules that Consultation with Attorney Before Termination of Employee is not Evidence of Retaliation
When an employer seeks the advice of an attorney before they terminate an employee, is this evidence that the termination was motivated by retaliatory intent? A federal case called O'Rourke v. Tiffany and Company recently addressed this very question. In O’Rourke,...
Fourth Circuit Decision Sheds Light on How Far an Employer Must Go to Accommodate a Disability
Under the Americans with Disabilities Act (ADA), employers are required to consider reassignment to existing vacant positions as a potential accommodation. But what happens when an employee requests that an employer create a new position as an accommodation? This...
New FMLA Decision Highlights the Importance of Following Employer’s Absence Policies
A recent federal decision from the Eastern District of Michigan addressed the question of whether an employer may discipline an employee who qualifies for FMLA leave, but nonetheless fails to follow company policy when taking an absence. In Reed v. Delta Air Lines,...
Fourth Circuit Case Expands the Definition of Same-Sex Harassment
In Oncale v. Sundowner Offshore Services, the Supreme Court recognized the viability of same-sex harassment cases under Title VII of the Civil Rights Act of 1964, and outlined three different forms of same-sex harassment: 1. An employee is subjected to unwanted sexual...
EEOC Issues Guidance on Vaccine Incentives, But Questions Remain
As we previously blogged, some employers have considered offering cash incentives in order to encourage their employees to get the COVID-19 vaccine. However, such incentives raise thorny issues regarding the Americans with Disabilities Act and Title VII of the Civil...
What Do the CDC’s New Mask Guidelines Mean for Employers?
Last week, the CDC announced that people who have been fully vaccinated no longer need to wear masks or socially distance themselves. Although these guidelines are welcome news, they are nonetheless still only guidelines. They do not have the effect of law, and they...
What Employers and Employees Need to Know About Virginia’s New Marijuana Law
On July 1, 2021, marijuana will become fully legal to use and possess in Virginia. Here is what employers and employees need to know before the law takes effect this summer. What’s Not Allowed The new law is clear that employers can still take adverse action against...
Is Time Spent Putting on PPE Compensable Under the Fair Labor Standards Act?
We previously blogged about the dangers of not paying hourly employees for time spent waiting in line to have their temperatures taken. Employees are now facing similar issues related to time spent putting on, and taking off, mandatory PPE. Recently, two former...