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

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

With case rates declining and COVID vaccine options expanding, five States as of March 8, 2021 have announced the end of all pandemic-driven restrictions, including mask mandates. (The lifting of Texas’ ban takes place on March 10; eleven states never mandated face coverings.) The “mask wars” had been tamped down by State mandates, but détente has ended in the “open” States. What does this mean for workplaces?

Continue Reading What to Do About Workplace Masking in the “Open” States

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

In its first opinion letter of 2021, the United States Department of Labor (“DOL”) addressed a hot topic that seems to frequently trip up employers: exemption from the minimum wage and overtime pay requirements under the Fair Labor Standards Act (“FLSA”).  The DOL’s opinion letters are official, written opinions by the Department’s Wage and Hour Division that respond to fact-specific scenarios.  In this letter, the DOL considered whether account managers employed by a life science products manufacturer are exempt under the FLSA’s administrative employee exemption.  Although the DOL’s conclusion is limited to the particular set of facts presented, this letter serves as helpful guidance for any employer that employs individuals in an account manager role.

Continue Reading Are Your Account Managers Properly Classified as Exempt Under the FLSA?

In response to the COVID-19 pandemic, employers have implemented flexible work schedules for a litany of reasons including, for example, to limit the number of employees in the office at any given time, to allow employees to obtain medical care for themselves and their family members, and simply to give employees the opportunity to handle the new, daily challenges brought about by this pandemic.  As a result, many employees find themselves splitting their time between working from home and working from the office – sometimes on alternating days, and sometimes in the course of a single day.  This practice, which is by no means new, but has certainly become more prevalent over the past year, raises the question as to whether travel time on a partial telework day is compensable under the Fair Labor Standards Act (“FLSA”).

Continue Reading Paying Employees for Travel Time on A Partial Telework Day?  The U.S. Department of Labor Weighs in…

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

Following the shocking events of January 6, 2020, there have been many reports of individuals who have been terminated, suspended or resigned from employment as a consequence due to their involvement in the deadly storming of the Capitol building or their active support of President Trump’s “stolen election” narrative. But what exactly are the parameters of when an employer can take action against an employee for engaging in off-duty activities that an employer may find repugnant? We first blogged about this issue back in 2017, in light of the deadly white nationalist/supremacist rally in Charlottesville. But a refresher seems timely.
Continue Reading Can Employers Terminate for Off-Duty Conduct (Say, Like Storming the Capitol)?

Effective February 19, 2021, Montgomery County’s Ban-the-Box law is becoming far more restrictive and will apply to all employers – not just those with 15 or more employees.

As employers with employees in Montgomery County, Maryland should know, Montgomery County had previously enacted a Ban-the-Box law that prohibited inquiries about an applicant’s arrest or conviction record until the end of the first interview. (The “Box” refers to the box, contained on many employment applications, that must be checked if the applicant has a criminal record.) This law has now been amended, with expansive new protections for applicants and employees of all Montgomery County employers.


Continue Reading Montgomery County’s Ban the Box Law Is Becoming More Restrictive