Labor & Employment

BLOG: Creating a New Normal: 5 Steps for Employers Preparing a Returning Workforce in a COVID-19 Environment

May 21, 2020
By Sara Nasseri
As government authorities slowly begin the reopening process, employers are now preparing to reopen facilities and return employees to their worksites. Undoubtedly, with the COVID-19 pandemic still ongoing, a return to work certainly will not mean a return to how things used to be and employers will need to implement new processes and procedures to adequately prepare employees and comply with state and local requirements. This brief guide outlines various considerations employers will have to make to gradually and safely bring their workforce back and create a new normal.
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BLOG: EEOC Delays Collection of EEO-1 Data Due to COVID-19

May 11, 2020
By Sara Nasseri
In light of the public health emergency caused by COVID-19, the Equal Employment Opportunity Commission (EEOC) announced that it will delay collection of EEO-1 Component 1 data until March 2021. Under federal law, businesses with at least 100 employees and federal contractors with at least 50 employees and a federal contract of $50,000 or more generally must file an EEO-1 form each year. This development gives government contractors a one-year extension to file their 2019 Component 1 data.
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BLOG: Employers: A Briefing on Federal Agencies' Responses to COVID-19

Federal, state, and local governments are working around the clock to implement various measures in the midst of the COVID-19 crisis. Additionally, a number of federal agencies and departments are also taking action in response to the outbreak. For employers across the nation, it is undeniably an unstable and unclear time, with no concrete signs of when there will be a sense of normalcy again. However, in the meantime, we compiled a list of some of the agencies with brief descriptions of their issued guidance and/or responses for employers to take note of.
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BLOG: "Constructive Demotion" Claim Under Title VII Gains Traction in 4th Circuit District Courts

March 11, 2020
By Paul W. Mengel III
While the viability of a claim of "constructive demotion" under Title VII of the Civil Rights Act of 1964 (Title VII) has yet to be determined by the Fourth Circuit, a series of cases in district courts within the Circuit suggest that such might not be the case for long. In one such recent case, Judge Conrad of the U.S. District Court for the Western District of Virginia denied a defendant truck driver training company's motion to dismiss a constructive demotion claim brought by a female instructor. Diana Salmons, the plaintiff in Salmons v. Commercial Driver Services, Inc., Case No. 7:19-cv-00532, claimed she was subjected to a pervasive pattern of sexual harassment at the hands of her male counterparts and, as a result, she brought a five-count complaint alleging sexual harassment, hostile work environment, discriminatory and retaliatory constructive demotion and constructive discharge, and sex-based wage discrimination, in violation of Title VII. Employers should be aware of the increased number of constructive demotion cases and the courts' rulings on these matters, as well as conduct regular sexual harassment training to prevent this sort of behavior from occurring in the workplace.
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BLOG: The Service Contract Right of First Refusal Rules Continue to Fall Away

February 26, 2020
By Jason A. Blindauer
On January 31, 2020, the Federal Register announced that the U.S. Department of Labor (DOL) rescinded the service contractor "right of first refusal" regulations at 29 C.F.R. Part 9. This was done to implement the President's October 31, 2019 revocation of the 2009 Executive Order No. 13,495, Nondisplacement of Qualified Workers Under Service Contracts (Nondisplacement Rules). DOL's move was primarily administrative in nature, given that the President's revocation order commanded Executive Agencies to stop enforcing the rules.
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