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 Maryland, if your employment application includes criminal history questions, then you are not paying attention to Shawe Rosenthal’s electronic communications.  As we advised in an E-Lert, “Ban the Box” (the little box asking about criminal history that applicants check off) became the law in Maryland effective February 29, 2020.

Continue Reading Maryland Bans Another Box from Employment Applications (and Discussions)

On August 5, 2020, the EEOC released technical assistance documents for employees and health care providers on opioid addiction and employment. The documents provide questions and answers about how the Americans with Disabilities Act (ADA) protects employees who use legal opioid medications or have past addiction to opioids. Of particular significance, the EEOC asserts that employees currently in treatment for opioid addiction are protected by the ADA – thereby officially endorsing a position that they have previously asserted on a less formal basis.

Continue Reading EEOC Says Employees in Opioid Treatment Are Protected by the ADA

In a decision potentially impacting all employers covered by the Families First Coronavirus Response Act (FFCRA), a federal court upended some of the employer-friendly limitations set forth in the U.S. Department of Labor’s (DOL) implementing regulations (i.e. the “Final Rule”): (1) the work-availability requirement, (2) the broad exemption for health care providers, (3) employer approval of intermittent leave, and (4) the documentation requirement. Below, we first summarize the Court’s decision and then discuss the practical effect of this decision on employers.

Continue Reading Federal Court Vastly Expands FFCRA Paid Leave Mandate – What This Actually Means for Covered Employers

In light of the global racial justice movement, I know that all major (and most not-so-major) corporations are thinking about diversity, equity and inclusion right now. They are promoting DE&I initiatives in the workplace, and proudly trumpeting their activities to their workforce and the public. And that’s good, because this is an important issue. But what’s not good is when companies rush in blindly, because those anti-discrimination initiatives can (ironically) end up violating the anti-discrimination laws!

Continue Reading Hey CEOs – Be Careful About Diversity Hiring Quotas!

On July 21, 2020, the National Labor Relations Board (the “Board”) issued what it described as “a long overdue” decision eliminating unwarranted protection for employees who engage in obscene, racist, and sexually harassing behavior under the guise of protected concerted activity.

Continue Reading NLRB Catches Up To The #MeToo and #BLM Movements

I was distracted from all things COVID by a judge in New York who defended his use of the “C” word to describe a female attorney with the explanation that he meant it as a compliment! Let’s pause for a moment, shall we? That level of twisted logic defies all rational thought. Particularly from a judge – someone we generally (and reasonably) expect to exhibit and promote appropriate behaviors (which includes not being sexist. Just saying.)

Continue Reading Let’s Be Clear – The “C” Word Is Not a Compliment