As individuals beyond front-line healthcare workers are becoming eligible for the vaccine, the Centers for Disease Control and Prevention (CDC) has just released a toolkit for employers of essential workers, to join those that it previously released for medical centers/clinics/clinicians, and long-term care facilities. Although targeted for these specific employers, the resources provide information and resources that are applicable to employers generally.

Continue Reading More Guidance from the CDC on Workplace Vaccination Programs

With the COVID-19 vaccine finally becoming a reality, healthcare employers, who were first to receive the vaccine for distribution to their workforce, are addressing questions of how to implement vaccination programs. Other employers are thinking about these issues as well, in preparation for the time when vaccines are more widely available. Below, we have addressed many common, and some not so common, questions about vaccines in the workplace.

Continue Reading Vaccines in the Workplace: A Practical Guide for Employers

As if 2020 wasn’t bad enough, it seems scammers have begun preying upon some of the most vulnerable and desperate:  unemployed job seekers.

A few weeks ago, I fielded a call from a client, who had an influx of angry job seekers complaining about its hiring practices. It turns out that scammers were monitoring job search websites, such as Career Builder, LinkedIn, and Indeed, and contacting job seekers who had posted resumes. The scammers then emailed the job seekers about fully remote jobs with generous benefits that paid $35/hour for little to no experience.


Continue Reading Go Phish:  Preying on Vulnerable Job Seekers

It’s that time of year when many folks look forward to seeing family members near and far. In the context of the pandemic, however, the CDC and many state and local officials are recommending that folks avoid travel and gatherings with those outside of the immediate household.  Given the workplace impact of employees’ holiday travel – with possible infections, exposures, and quarantines – employers are wondering whether they can prohibit employees from traveling during the holidays. And the answer, of course: It’s complicated.

Continue Reading It’s The Holiday Season – Can Employers Restrict Personal Travel?

In this new pandemic world, employers are grappling with many questions. One of them is when can they require employees to provide the results from any COVID-19 tests that they have taken, in the context of granting leave and returning to work.

Continue Reading When Can Employers Require Employees to Provide COVID-19 Test Results?

As the United States still struggles with testing capacity for active COVID-19 infections, employers are increasingly asking “may we require our employees be tested for the presence of COVID-19 antibodies?” This is particularly true following the Equal Employment Opportunity Commission’s position that employers were permitted to test for the presence of active COVID-19 infection, set forth in its What You Should Know About COVID-19 resource (Q&A 6).

Continue Reading COVID-19 Antibody Testing:  Useful Screening Tool or Impermissible Medical Examination?

The Small Business Administration (SBA), in consultation with the Department of the Treasury, updated its Frequently Asked Questions (FAQs) to address the “necessity certification” in the Paycheck Protection Program (“PPP”) loan application and to extend the repayment period of “unnecessary” PPP loans to May 18 in order to allow entities to review the new guidance. The loan application requires certification that “[c]urrent economic uncertainty makes this loan necessary to support the ongoing operations of the Applicant.”

Continue Reading PPP Borrowers Who Received Loans of Less than $2 Million Deemed to Have Made Certification in “Good Faith;” Safe Harbor Return Period Extended to May 18

Today, Governor Hogan announced an Executive Order, Number 20-03-23-01, closing all non-essential businesses to the general public at 5 p.m. today.  Although this is not a “shelter-in-place” directive, Marylanders are urged to stay home. This directive does close retail establishments that were previously permitted to remain open under earlier executive orders.

Continue Reading Maryland Orders Closure of Non-Essential Business To The Public

Last week, Montgomery County, Maryland became the first jurisdiction in the Mid-Atlantic area to ban discrimination—including in the workplace—based on natural hairstyle. The bill expands the definition of race to include “traits historically associated with race,” which includes “hair texture and protective hairstyles.” Specific hairstyles articulated in the legislation include braids, locs, Afros, curls and twists, which are often associated with African American or Latino individuals.

Continue Reading A new protected class in Montgomery County: Natural Hairstyle