This week, the Centers for Disease Control and Prevention (CDC) further relaxed its COVID-19 protocols for fully vaccinated individuals. Of significance to employers, the CDC continues to assert that such individuals should continue to “[f]ollow guidance issued by individual employers.” But what impact might these looser rules have in the workplace? We had previously offered some guidance the last time the CDC adjusted the rules, and have now updated that guidance.

Continue Reading The CDC’s Revised Rules for the Fully Vaccinated: What This Means for Employers

So said a federal court in tossing an employee’s rather cheeky claims of interference with her rights under the Family and Medical Leave Act, as well as retaliation for taking FMLA leave, when she was fired after taking a trip to Thailand – for which she had previously requested time off and was denied – while on FMLA leave.

Continue Reading “Taking a Trip Is Not Protected Activity Under the FMLA”

In the midst of the COVID-19 pandemic, it was a tumultuous session for the Maryland General Assembly, whose 2021 session ended at midnight on Monday, April 12. Among the many bills that passed, there were a number of significance to employers, including protection for essential workers in a catastrophic public health emergency, bereavement leave, workplace peace orders, an extension of the time in which to file complaints of discrimination with the Maryland Commission on Civil Rights, modifications to the mass layoff law, and requirements for gender diversity on boards and in executive management in order to qualify for certain state benefits, among other things.

Continue Reading New Employment Laws in Maryland – Protection for Essential Workers, Bereavement Leave, Workplace Peace Orders, and More! (And a Webinar!)

With the change in administration, the Department of Labor’s recently-issued Final Rule governing the treatment of tipped employees under the Fair Labor Standards Act was thrown into doubt. Following a formal delay of the Final Rule’s effective date of March 30, 2021, the Biden DOL has now announced that parts of the Final Rule will take effect on April 30, 2021, while other parts will be further delayed and revised, subject to public comment.

Continue Reading The DOL’s Tipped Employee Final Rule: What Is Taking Effect and What Is Not

The Centers for Disease Control and Prevention (CDC) has issued guidance on workplace vaccination programs that reiterates and expands upon prior guidance on this topic, with the intent of increasing vaccine uptake among essential (and other) workers. According to the CDC, vaccinations benefit both employers and employees by keeping the workforce healthy, reducing absences, and improving both productivity and morale. The CDC offers specific tips on the following topics: vaccination options, on-site and off-site vaccinations, building confidence in COVID-19 vaccines, determining when employees may be vaccinated, vaccine mandates and exemptions, best practices, other considerations, and reopening the workplace.

Continue Reading The CDC’s New Guidance on Workplace Vaccination Programs; What Employers Need to Know

The American Rescue Plan Act of 2021 (ARPA), which was signed into law by President Biden on March 11, 2021, both expands and extends the tax credits that employers may opt to receive under the Families First Coronavirus Response Act (FFCRA) for voluntarily providing paid COVID-19-related leave through September 30, 2021.

Continue Reading Employers May Now Voluntarily Provide Up to 14 Weeks of Paid, Expanded FFCRA Leave and Receive a Tax Credit

This week, the Centers for Disease Control and Prevention (CDC) announced new, more relaxed COVID-19 protocols for fully-vaccinated individuals. Notably, among the guidance, the CDC stated that such individuals should continue to “[f]ollow guidance from individual employers.” But should employers modify their existing guidance to account for these new protocols?

Continue Reading Looser COVID-19 Rules for Vaccinated Individuals? What This Means for Employers

In my next installment of what has turned out to be a series on the articles written by EEOC staff members for its quarterly Digest of Equal Employment Opportunity Law, I offer you some interesting tidbits from its most recent publication, addressing national origin discrimination under Title VII – a protected characteristic that is surprisingly wide in scope and, as the EEOC notes, often overlaps with race, color, or religious discrimination. As I noted in my blog post on the EEOC’s article on fragmentation of harassment, although these articles are targeted towards federal agencies, they offer private employers some insight as to the EEOC’s approach to these issues.

Continue Reading The EEOC’s Very Broad Approach to National Origin Discrimination and English-Only Policies

In my spare time (which has been limited during the pandemic, given the whirlwind of COVID-19-related legal developments), I like to peruse the Equal Employment Opportunity Commission’s quarterly Digest of Equal Employment Opportunity Law. (Nerd alert!) In addition to summaries of recent EEOC decisions and federal court opinions, each digest contains an article that provides some insight into the EEOC’s position on a particular topic. Now while the articles are targeted towards federal agencies, they offer private employers a roadmap as to the EEOC’s thinking. We’ve blogged about prior articles on religious discrimination, remedies for discrimination, comparing harassment prevention to crime prevention, and new types of race discrimination, among other things. A recent article caught my eye – “Claims of Harassment and the Problem of Fragmentation.” (Well, that’s a new phrase to me!)

Continue Reading What Is Fragmentation of Harassment Claims? The EEOC Speaks