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At the beginning of the pandemic, we blogged about the Worker Adjustment and Retraining Notification (WARN) Act, which requires employers to give advance notice to employees before they are terminated, laid off, or have their hours reduced. In our previous blog, we...
In the last days of the Trump administration, the Department of Justice has proposed a change to its enforcement of discrimination claims under Title VI of the Civil Rights Act. Title VI prohibits organizations that receive federal funding from discrimination based on...
Now that 2020 is behind us, it’s the perfect time for employers to revisit their Employee Handbooks. 2020 was a difficult time for many employers, and employers should update their policies in light of the lessons they learned over the past year. Telework Policies...
Under the Americans With Disabilities Act (and in employment retaliation cases in general), an employee must be subject to an “adverse action” in order to bring a claim for retaliation. The U.S. Court of Appeals for the Fourth Circuit recently considered whether an...
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...
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...
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...
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...
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...
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...