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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...
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...
Recently, President Joe Biden issued a sweeping executive order aimed at promoting competition and removing barriers to economic growth. In the order, he encouraged the Federal Trade Commission (FTC) to limit non-compete agreements or ban them altogether, at least for...
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,...
In 2010, Black men with bachelor’s degrees or higher earned about 18% less than their white peers. By 2019, that gap jumped to 24% even though many companies are actively pursuing diversity and inclusion goals. Why is the pay gap so large? Why is it growing? A...
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...
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,...
The federal Anti-Money Laundering Act of 2020 (AMLA) took effect this year. It provides substantial protections for whistleblowers who help identify activities that could involve money laundering or the financing of terrorism. It is an effort to modernize the Bank...
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...
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...