Agency Activity Archives - Page 3 of 16

In Its Own Backyard: EEOC Must Confront Discrimination Lawsuit by Former Attorney

Darrell VanDeusen

09/21/2020

Agency Activity, Employment Discrimination

Those of us who deal with the Equal Employment Opportunity Commission on a regular basis sometimes lose track of the fact that it, like the folks we represent as management attorneys, is an employer too. And, it is subject to many of the same anti-discrimination and anti-retaliation legal requirements as the employers it investigates. A recent decision from the D.C. Circuit shows that even the EEOC is sometimes required to explain its actions...

Eric Paltell

09/17/2020

Agency Activity, Religious Discrimination

We've heard a lot about LGBTQ issues in the workplace this year, including the Supreme Court's landmark June ruling in Bostock v. Clayton County. However, a September 14, 2020 lawsuit filed by the EEOC against Kroger in Arkansas raises a different workplace issue relating to the LGBTQ community: does an employer have to accommodate the religious beliefs of employees who believe LGBTQ practices violate their sincerely held religious...

Eric Paltell

09/15/2020

Agency Activity, COVID-19

On September 11th, the U.S. Department of Labor issued revised regulations on the Families First Coronavirus Response Act (FFCRA). The new regulations are a response to an August 3, 2020 decision from a New York federal court finding that DOL's interpretation of the FFCRA excluded too many health care workers from the Act's coverage. The court also struck down a provision that allows employers to deny leave when they don't have work available,...

Kollman & Saucier

09/10/2020

Agency Activity, State Law, WARN

Earlier this week, I blogged about several employment laws scheduled to take effect October 1. Among them is HB1018/SB0780, which significantly changes the State’s Economic Stabilization Act, Maryland’s version of the federal Worker Adjustment and Retraining Notification (WARN) Act. For readers who are unfamiliar with the Economic Stabilization Act (the Act), it applies to businesses employing 50 or more individuals and doing business in...

Randi Klein Hyatt

08/04/2020

Agency Activity, COVID-19, Workplace Safety

As an increasing number of states, local governments, and private employers are mandating that employees, particularly those who work indoors and in close proximity to other employees, wear masks covering the mouth and nose to prevent the spread of the coronavirus, last Friday, OSHA updated its frequently asked COVID-19 questions and answers. As to wearing cloth masks, OSHA stated unequivocally that workers who wear cloth masks to prevent...

Clifford Geiger

07/29/2020

Agency Activity, Labor Law

In Excelsior Underwear, 156 NLRB 1236 (1966), the National Labor Relations Board (NLRB) first required employers to provide unions with the names and home addresses of eligible voters in advance of representation elections. This list of voters became known as an Excelsior list. In 2014, the NLRB expanded the information required to be on Excelsior lists to include all available personal email addresses and cell phone numbers. On Tuesday, July 29,...

Vincent Jackson

06/25/2020

Agency Activity, Wage & Hour

The Department of Labor has pulled back from its policy of seeking liquidated damages – or “double” damages – against employers in wage and hour investigations. On June 24, 2020, the DOL issued a field assistance bulletin which stated that it will no longer apply the default policy of seeking pre-litigation liquidated damages from employers who are found to owe back wages to workers. Specifically, the Department will not assess...

Randi Klein Hyatt

06/09/2020

Agency Activity, COVID-19

The Equal Employment Opportunity Commission (EEOC) has delayed the submission of this year's EEO-1 forms until March 2021 due to the COVID-19 pandemic. Each year, employers must submit demographic workforce data by March 31 for the prior calendar year. The EEOC determined to collect both 2019 and 2020 data in March 2021 given the challenging compensation data of these past few months. The Department of Labor (DOL) published updated COBRA...

Kollman & Saucier

06/06/2020

Agency Activity, Sexual Harassment

n May 2018, my colleague Randi Hyatt posted about the “Disclosing Sexual Harassment in the Workplace Act of 2018” (“Act”). The Act went into effect on October 1, 2018 and has a sunset provision for June 30, 2023. The Act established the requirement for employers with at least 50 employees (at all locations, not exclusively working in Maryland) to submit a survey to the Maryland Commission on Civil Rights (“MCCR”) regarding...

Clifford Geiger

06/02/2020

Agency Activity, Union Activity

In December 2019 the National Labor Relations Board (“NLRB”) issued a final rule to amend the procedures to be followed in union representation cases. The NLRB said the purpose of the final rule was “to permit parties additional time to comply with various pre-election requirements instituted in 2015, to clarify and reinstate some procedures that better ensure the opportunity for litigation and resolution of unit scope and voter...

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In Its Own Backyard: EEOC Must Confront Discrimination Lawsuit by Former Attorney

EEOC Sues Kroger For Failure to Accommodate Religious Objectors to Rainbow Logo

DOL Issues Revised FFCRA Regulations

Maryland’s Mini-WARN Act: Will You Be In Compliance?

OSHA Updates and Removes Guidance From Its COVID-19 FAQs

NLRB Proposes Changes To Excelsior Lists

DOL Will No Longer Seek Liquidated Damages As A Default Policy In Wage And Hour Cases

EEOC, DOL, and OSHA Activity For Employers To Note

Maryland Employers Required to Report Sex Harassment Settlements By July 1st

Federal Court Blocks Implementation Of New Election Rules

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