Just before the holidays, Attorney General Jeff Sessions announced that the Department of Justice was rescinding 25 documents that the agency considered to be unnecessary, inconsistent with existing law, or otherwise improper. The DOJ’s press release, which includes quotes from Sessions regarding his decision to withdraw the guidance can be accessed here. Of note, he categorized the process agencies have been adopting in the digital age (especially under the Obama Administration) of publishing a letter or posting a webpage to signify a change in agency guidance to be an “abuse” of the regulatory process, as prescribed by Congress. Continue Reading The ADA Under Attorney General Sessions

Only days after California started selling recreational pot, which had been legalized under state law, CNN reported that Attorney General Jeff Sessions will announce that he is rescinding Obama-era guidance that had set forth a policy of federal non-interference with state legalization laws. This action further complicates an already confusing situation for employers struggling with how to navigate the battling federal and state laws on the workplace impact of marijuana use. Continue Reading The Federal Government Is Challenging State Legalization of Marijuana – What Does This Mean for Employers?

On December 8, the Equal Employment Opportunity Commission (“EEOC”) has released its draft strategic plan for public notice and comment.  Not to be confused with the revised Strategic Enforcement Plan published in September—which outlined substantive priorities for investigation and litigation—the strategic plan is akin to a company’s operational plan. Continue Reading Some Highlights from the EEOC’s Latest Strategic Plan

The new Trump National Labor Relations Board issued two more important decisions last week that reverse positions taken by the Obama Board. In PCC Structurals, Inc., the Board rejected  the “overwhelming community of interest” standard for establishing an appropriate bargaining unit. In Raytheon Network Centric Systems, the Board reinstated the standard for determining when there is a change in the terms of employment that triggers the duty to bargain.  Continue Reading NLRB Overturns “Overwhelming Community of Interest” Standard and Duty to Bargain Principle

The National Labor Relations Board issued two decisions of major interest to employers on December 14, 2017 – (1) adopting a new, more balanced test for evaluating whether workplace rules infringe upon employees’ rights under the National Labor Relations Act and (2) overturning the broad standard for determining joint employer status and returning to the prior, more practical standard. Continue Reading NLRB Overturns Employee Handbook and Joint Employer Standards

Many employers have drug-free workplace policies that require employees to disclose if they are taking prescription (and perhaps over-the-counter drugs) that could affect their ability to perform the essential functions of their job safely and/or effectively. This requirement seems pretty sensible, right? But according to the Equal Employment Opportunity Commission, it violates the Americans with Disabilities Act! Continue Reading Be Careful Asking About Employees’ (Non)Prescription Drug Use

As Maryland employers are likely aware, the General Assembly passed a paid sick leave bill (HB1) this past session, which was vetoed by Governor Hogan. The Governor has now introduced a new paid leave bill – the Paid Leave Compromise Act of 2018 – that will be filed as emergency legislation when the next legislative session opens on January 10, 2018. The General Assembly’s Democratic leaders have nonetheless stated that they still plan to override the veto, making HB1 the law. Continue Reading Governor Hogan’s Paid Leave Compromise Bill – What Does It Really Do?

I was flabbergasted by a recent case in which an intern sued a nursing and rehabilitation center because she was unhappy with her internship!  That’s right, she was so displeased with what she did in her internship that she brought a federal case! Continue Reading Not Liking Your Internship ≠ Compensable Work

My clients are often frustrated by the anonymous (and, frankly, sometimes untruthful) postings on GlassDoor, which is a website where employers and employees can post information about their companies. Employees are emboldened by the anonymity to vent their feelings about their employer – and may even sometimes take advantage of it by making false or defamatory statements intended to put the employer in a bad light (even though they are not supposed to do so under GlassDoor’s Terms of Use – you know, that overwhelmingly long and technical document that no one ever reads). There’s usually not much that can be done, since the employees’ anonymity is generally understood to be virtually absolute, and it is difficult to get GlassDoor to remove an employee review. But those employees should beware, because that anonymity is not guaranteed, as demonstrated in a recent case. Continue Reading Employee Warning – GlassDoor Posts May Not Always Be Anonymous

I was recently perusing the latest edition of the Equal Employment Opportunity Commission’s federal sector Digest of Equal Employment Opportunity Law (because, yes, I am that much of an employment law nerd) and came across an interesting article, “Race Discrimination in the 21st Century Workplace,” by EEOC attorney Paula Rene Bruner. The article specifically “attempt[s] to highlight newer types of race discrimination that have emerged in the 21st century federal, public, and private employment sectors.” Continue Reading EEOC Highlights New Types of Race Discrimination