The Latest on President Biden’s Executive Order to Promote Competition in the American Economy
Nearly four months ago, President Biden issued an executive order in which he urged the Federal Trade Commission to explore enacting rules to curtail the use of non-competes and other agreements that impede worker mobility. In the days and weeks that followed, there were myriad articles and blog posts published by employment lawyers (present company…
The Latest on Religious Exemptions to COVID-19 Vaccine Mandates
Many employers are being inundated with employee requests for religious exemptions to vaccine mandates. Employers who are evaluating religious exemption requests must take a nuanced approach or risk violating federal anti-discrimination statutes, such as Title VII and the ADA. Those employers hoping for clear-cut answers from the EEOC are likely to be disappointed, as the…
Does Back to School Mean Back to Work or Quarantining?
Prior to the pandemic, for most employers, children going back to school was a cause forcelebration. With children on a regular routine, working parents’ availability became moreroutine and, outside of holiday periods with school closures, fewer vacations were scheduled. For business owners, this created a level of predictability for scheduling, which was desirable forobvious reasons.…
Healthcare Employers: Don’t Learn About the FLSA “Learned Professional” Exemption the Hard Way
A widespread myth regarding the FLSA is that employees who are “on salary” do not need to be paid overtime. This misunderstanding of the law creates a significant risk that healthcare entities may be violating the law by failing to pay their employees overtime merely because they are salaried. While being paid on a salary…
Unemployment Benefits Unavailable for Those Who Refuse to Comply with Employers’ Vaccine Mandates
Due to the alarming spread of the COVID-19 Delta variant among the unvaccinated, coupled with FDA approval of the Pfizer-BioNTech Vaccine, many private employers have implemented vaccine mandates. These mandates are permissible, so long as precautions are taken to comply with various anti-discrimination laws. A less obvious implication of these vaccination mandates is that employees…
No, HIPAA Does Not Prevent Employers from Asking About Vaccination Status
As businesses have begun mandating vaccinations for employees and customers, many have heard a common response, in one form or another, “You can’t ask me that because of HIPAA.” In written form, these responses often invoke the protection of HIPPA, which is not a law. (These responses often echo the statements of certain elected officials,…
Wal-Mart Ordered to Pay Over $125 Million to Former Disabled Employee
Wal-Mart has been hit with over a $125 million dollar jury verdict in a lawsuit filed against it by the EEOC. A Wisconsin jury found that Wal-Mart was in violation of the Americans with Disabilities Act (“ADA”) when it discriminated against an employee with Down Syndrome and ultimately terminated her. Further, Wal-Mart was found to…
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…
Increased Hiring Means Employers Should Perform a Criminal Background Check Check-Up
Governor Hogan’s recent decision to end Maryland’s participation in the federal enhanced employment benefits program and to reinstate the requirement that those collecting unemployment benefits resume their efforts to find work is likely to spur a hiring increase around the state. Employers looking to hire would be wise to verify that their hiring practices and procedures comply with Maryland’s relatively new criminal…
Employer Vaccination Mandates have Title VII and ADA Implications
As they resume pre-pandemic operations, employers are understandably concerned about the safety of their employees and clients. As a result, many are implementing mandatory COVID-19 vaccination policies for their employees. According to the most recent guidance from the EEOC, employers are allowed to make such mandates; however, there are exceptions. The first exception is for those who cannot take the…