In an interesting, but ultimately unsurprising, analysis of Maryland’s anti-discrimination law, Maryland’s highest court has determined that the State’s prohibition against “sex” discrimination, including in the workplace, does not include sexual orientation (and by extension, gender identity). But employers should
Labor & Employment Report
Management’s Workplace Blog – Information and Insights for Employers
The Labor & Employment Report, published by Shawe Rosenthal, focuses on developments in labor and employment law affecting employers and employees. It covers topics such as unionization and collective bargaining, National Labor Relations Board decisions, wage and hour regulations including overtime rules, employee handbooks and workplace policies, family and medical leave laws like Maryland's FAMLI program, disability accommodations, and emerging issues like sick leave for pets. The blog also addresses compliance strategies, litigation trends, and regulatory updates from federal and state agencies impacting workplace rights and employer obligations.
Latest from Labor & Employment Report - Page 8
EEOC Issues Proposed Pregnant Workers Fairness Act Regulations
By Fiona W. Ong
On August 7, 2023, the Equal Employment Opportunity Commission (EEOC) issued proposed regulations to implement the new Pregnant Workers Fairness Act (PWFA), which was enacted by Congress last December as part of a federal omnibus funding bill and which became…
Employers – The NLRB Has Just Made Many Common Work Rules Unlawful
In an unsurprising decision applicable to both unionized and non-union employers, the National Labor Relations Board changed its standard for assessing whether seemingly neutral work rules violate the National Labor Relations Act (NLRA). The Board’s decision in Stericycle, Inc.…
Are Employers Supposed to Protect Striking Employees?
As most of us know, Hollywood is striking (or more specifically, the members of the writers’ and actors’ unions). Some of you may have seen media reports, like this CNN article, about the unions filing unfair labor practice (ULP)…
Hey CEOs – Be Careful with Those Diversity Initiatives!
By Fiona W. Ong
A few years back, during the initial surge of corporate diversity, equity and inclusion initiatives in response to the killing of George Floyd and the #BlackLivesMatter movement, I wrote a blog post that applauded corporations for focusing on the issue…
The Supreme Court Redefines the Religious Accommodation Obligation for Employers
On June 29, 2023, a unanimous U.S. Supreme Court ruled that religious accommodations under Title VII of the Civil Rights Act must be provided to employees or prospective employees unless the employer is able to demonstrate that the burden is…
What the Supreme Court’s Affirmative Action Ruling Means for Employers
On June 29, 2023, a divided U.S. Supreme Court ruled that affirmative action in student admissions decisions at Harvard University and the University of North Carolina at Chapel Hill violated the Equal Protection Clause of the Fourteenth Amendment to the…
When an Employer Interviews an Employee, The Power of the NLRA Compels You!
When an employer receives a complaint of workplace misconduct, they often must conduct an investigation that may include interviewing employees. Interviewing an employee is not as simple as one may assume. Employees may have legal rights and protections that restrict…
Paying Wages by Pennies is Costly
We have a “shot and chaser” for you today.
“Shot” is our 2022 blog about an employee whose spiteful employer paid him in pennies – 91,500 of them, covered in oil – to remit his weekly wage of $915. The…
U-Turn! NLRB’s “Modified” Independent Contractor Standard Favors Findings of Employee Status
By Fiona W. Ong
In a move that surprised absolutely no one, the National Labor Relations Board has reversed course on yet another issue – the standard for determining whether an individual is an employee, who is subject to the National Labor Relations Act,…