FDA Full Authorization Leads to More Employer Mandates

On August 23, 2021, the FDA granted full approval to the Pfizer-BioNTech COVID-19 Vaccine, which had previously been authorized under an emergency use authorization.  Although some private employers had begun implementing vaccine mandates for employees under the EUA, particularly in the health care field, many had signaled that they were waiting for a vaccine to…

Hazy Laws Around Marijuana Use Creates Headaches for Maryland Employers

Over the past ten years, states and local governments have increasingly legalized the use of marijuana, depending on the reason.  A majority of states and DC have legalized the use of marijuana for medicinal purposes while a growing minority of states and DC have legalized the recreational use of marijuana.  Within those states, differences persist regarding whether…

Hiring? Now is the Time to Audit Your I-9 Compliance

Employers are obligated to take certain steps to determine whether their employees are legally authorized to work in the United States.  Since the early 50s, federal law has prohibited employers from employing foreign workers unless they hold a status that authorizes them to work in the United States. However, it was not until the Immigration Reform and Control Act of 1986…

Federally Enhanced Unemployment Benefits to Remain in Effect in Maryland

On July 13, 2021, Baltimore City Circuit Court Judge Fletcher-Hill enjoined the State from opting out of the federally enhanced unemployment program under ARPA. In June, Governor Hogan provided Congress with the State’s written intent to withdraw from the program, effective July 3, 2021.  The Governor primarily cited increased vaccine availability and a marked number of job vacancies in support of…

DIY Background Checks Can Create a Legal Risk that Companies Often Don’t Consider

As the state of emergency in Maryland ends this summer, many employers are looking to hire new employees to deal with an increase in customer and client demand.  For many of those employers, the hiring process includes some form of a background investigation of a prospective employee.  Many employers that perform background checks on applicants hire a third party to do that…

Governor Hogan Announces the End of Federally Enhanced Unemployment Assistance

Governor Hogan recently announced that Maryland will be ending federally enhanced unemployment assistance paid by the Department of Labor, Licensing, and Regulation, or DLLR, this summer. As part of the federally enhanced unemployment benefits, those who are eligible for traditional unemployment in Maryland have been receiving an additional $300 per week. On June 2, 2021,…

EEOC Issues Updated Guidance for Employers Regarding COVID-19 Vaccinations

On May 28, 2021, the EEOC issued updated guidance for employers related to COVID-19 vaccinations in the form of updated questions and answers on its site. The full update is available at https://www.eeoc.gov/wysk/what-you-should-know-about-covid-19-and-ada-rehabilitation-act-and-other-eeo-laws. In the introduction to the updated guidance, the EEOC explicitly notes that the updated guidance was prepared prior to the CDC’s updated…

How the CDC and Maryland’s Updated Guidance Impact Employers – 5.19.2021

On May 13, 2021, the CDC issued its Interim Public Health Recommendations for Fully Vaccinated People. This guidance, which applies to non-healthcare settings, substantially modified the CDC’s prior guidance as to what activities fully vaccinated individuals may engage in based on updated data on the efficacy of the vaccines. This guidance had two significant takeaways.…