Well, the 2022 World Cup is finally underway in Qatar. Although professional soccer does not drive quite the same amount of interest among the U.S. populace as, say, football (Go Ravens!) or basketball, the World Cup is still one of the major sporting events in the world – and there are likely many employees who are following it rather closely. And unlike last time in 2018, the U.S. team has qualified for the tournament, so there may be some patriotism at play here. So we thought we might offer employers some guidance on World Cup issues in the workplace.

Continue Reading An Employer’s Guide to the World Cup

So, many people, including my son, are rejoicing because the voters in Maryland approved recreational marijuana (which Maryland refers to as “cannabis”) last week. Employers, however, are perhaps not quite so excited – and may be confused about what that  actually means for the workplace. While we don’t yet have all the answers, let’s talk about what we do know.

Continue Reading Recreational Marijuana in Maryland? What Employers Need to Know

As I mentioned in a previous post, I am always curious as to how things turn out. But often as an employment lawyer, I am left in a state of ignorance. I give advice to employers on what to do in tricky situations, but don’t always hear whether my advice was implemented (I certainly hope so!) or what resulted (good things, hopefully!). And often I wonder what happens to the parties in high-profile cases – like Bostock v. Clayton County, one of a trio of cases in which the U.S. Supreme Court ruled that Title VII’s prohibition on “sex discrimination” in employment encompasses sexual orientation and gender identity.

Continue Reading Bostock v. Clayton County: The Epilogue… and What It Means for Employers (for Now)

Being “on the spectrum” is a pretty common way of referring to individuals with autism (although my husband, a doctor, had never heard of that. Where has he been? Granted, he’s a pathologist, so doesn’t deal directly with live patients, but nonetheless…). Of course, there are varying degrees of severity of symptoms, and some people with social communication or interaction challenges do not actually have autism spectrum disorder. But these symptoms can pose challenges for those individuals in the workplace – and for their employers as well.

Continue Reading Employers, Are You Regarding Those Socially Awkward Employees as Disabled?

As many employers sadly know, those retaliation claims can be more problematic than a discrimination or harassment claim. Federal and state discrimination laws protect employees not only from discrimination or harassment, but also from retaliation for opposing discrimination/harassment, or making a charge/complaint, testifying, assisting, or participating in any way in a discrimination proceeding, such as an investigation or lawsuit. Often an employer successfully defends against an underlying claim of discrimination, only to lose on the retaliation claim.

Continue Reading Retaliation Claims Can Drive You Nuts!

So awhile back, I wrote a blog post about DC laws that were passed but not implemented. But we just ran into the opposite issue – apparently DC has implemented a law that doesn’t – technically – exist! Let me explain.

Continue Reading Wait – But the Disability Law Doesn’t Actually Say That!

As attorneys, of course we are delighted to answer questions from our clients – even basic ones. But the U.S. Department of Labor has provided many free resources for employers to educate them about and help them comply with their obligations under a multitude of workplace laws. A particularly useful tool that many employers may not know about is the elaws Advisors. Although the elaws Advisors are directed at workers and small employers, they provide an excellent overview of numerous federal employment laws for employers of all sizes.

Continue Reading Employers, You Don’t Always Have to Call Your Attorney First… Take a Look at the US DOL’s elaws Advisors

Maryland’s highest court has ruled that the federal Portal-to-Portal Act has not been adopted or incorporated into Maryland’s Wage and Hour Law, Wage Payment and Collection Law, or the corresponding state regulations – meaning that employers may be responsible for more wages for their Maryland employees under state law than under federal law.

Continue Reading Maryland Employers Beware – State Wage Laws Do Not Incorporate Federal Portal-to-Portal Act and Its Exclusions from Compensation

I know we’re all tired of COVID-19, and many of us are just pretending that life has returned to normal. But, just as the darned variants continue to evolve, so does the Equal Employment Opportunity Commission’s What You Should Know About COVID and the ADA, the Rehabilitation Act, and Other EEO Laws guidance. This week, the EEOC updated a number of its Q&As, with some more targeted guidance for employers. Of particular interest (at least to this management-side attorney) are the newly-identified factors that employers should consider to establish a business-necessity for viral testing and those that are relevant to the direct threat assessment.  Here’s our summary of most of the updated questions:

Continue Reading The EEOC Updates Its COVID Guidance for Employers – Testing, Accommodations, Direct Threat and More

Have you read the warnings on prescription painkillers? They can be pretty scary – “May cause drowsiness.” “May cause dizziness.” “Do not operate a car or dangerous machinery.” (Or words to that effect). I think by now, everyone is aware of the risks associated with controlled substances. Certainly, the opioid epidemic did not earn its name lightly. So it’s not surprising that some employers are concerned when employees take prescription medications that come with those warnings – particularly when those employees are working with heavy machinery or sharp objects, or getting behind the wheel of a vehicle. But it is important for employers to understand when they can – and cannot – prohibit employees on such medications from working.

Continue Reading Employers – Don’t Automatically Assume Prescription Meds Pose a Danger in the Workplace