BLOG: EEOC Delays Collection of EEO-1 Data Due to COVID-19

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. Many employers . . . Read More

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 . . . Read More

BLOG: “Constructive Demotion” Claim Under Title VII Gains Traction in 4th Circuit District Courts

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 . . . Read More

BLOG: The Service Contract Right of First Refusal Rules Continue to Fall Away

On January 31, 2020, the Federal Register announced that the U.S. Department of Labor (DOL) rescinded the service contractor “right of first refusal” regulations at 29 C.F.R. Part 9. [1] 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.  Generally speaking, Nondisplacement Rules . . . Read More

What You Need to Know to Prepare for Maryland Sick Leave Requirements

Effective February 11, 2018, Maryland’s Healthy Working Families Act (the “Act”), Maryland’s sick leave law, will go into effect. Although Governor Larry Hogan had vetoed the measure, the Maryland General Assembly overrode the Governor’s veto on January 11, 2018, leaving employers scrambling to prepare for implementation. Following are some of the pertinent, key provisions from the Act that will guide employers in making appropriate policy changes. Does Your Business Have to Comply? The Act covers all employers, but employers with . . . Read More

BLOG: Federal “Ban-the-Box” Law: The Fair Chance Act to Limit Criminal Background Inquiries by Federal Contractors

On December 17, 2019, the Senate passed the National Defense Authorization Act (NDAA) for Fiscal Year 2020, which was subsequently signed by the President. As part of the NDAA, the government enacted the Fair Chance to Compete for Jobs Act of 2019 (the Fair Chance Act or Act), which prohibits federal agencies and federal contractors from requesting criminal background information from job applicants prior to extending an offer, with a few exceptions. The Fair Chance Act goes into effect on . . . Read More

BLOG: The HIPAApotomas in the Room: Signs You May Be a Covered Entity Under This Hefty Healthcare Law

The Health Insurance Portability and Accountability Act (HIPAA) establishes certain minimum requirements for the protection of patient health information. So, for example, restrictions on how your doctor keeps electronically stored medical records, and the specific circumstances under which they can disclose that information to a third party, are governed by HIPAA. Unknown to many businesses, however, are HIPAA requirements that often extend beyond a doctor’s office, and can hold a number of other entities accountable (including imposing stiff monetary penalties) . . . Read More

BLOG: Employers: Is Your FMLA Policy DOL Compliant?

The Family Medical Leave Act (FMLA) requires employers with the requisite number of employees to provide up to 12 weeks of leave to employees experiencing a qualifying event. Regulations implementing the FMLA require that employers display a poster in a prominent location that summarizes major FMLA provisions and explains how to file a complaint. The regulations also require an employer with eligible employees to provide a general notice to employees in a handbook or other policy document. The general notice . . . Read More

BLOG: New DoL Rule Clarifies Joint Employer Status Under FLSA

On January 16, 2020, the Department of Labor’s (DoL) Wage and Hour Division will publish a final rule clarifying joint employer status under the Fair Labor Standards Act (FLSA), adopting a four-factor test to determine joint employer status. The rule simplifies and narrows the interpretation of a joint employer from the interpretation implemented by the Obama administration. This final rule will benefit companies establishing cooperative business arrangements as they seek assurances as to whether they will be responsible for ensuring . . . Read More

BLOG: Liquidated Damages Clauses: Important Considerations for Business Owners

When drafting or negotiating any contract, businesses should give careful consideration to avenues of recovery in the event of a breach by the other party. At times, this determination is straight-forward, such as where a party fails to pay amounts owed.  But the analysis can become complicated in situations where damages aren’t readily quantifiable, such as where a trade secret is misappropriated or a former employee solicits a company client.  To simplify such issues, businesses include liquidated damages provisions in . . . Read More