Supreme Court Ruling Increases Potential Liability for Employers Failing to Accommodate Pregnant Employees
By Corey Argust On March 25, 2015, the Supreme Court reinstated a pregnancy discrimination suit that the Fourth Circuit Court of Appeals had previously decided in favor of the employer. The decision in Young v. United Parcel Service, Inc., 575 U.S. ____ (2015), opens the door to potential liability for employers with disability accommodation policies that formerly appeared to be nondiscriminatory. Peggy Young, the plaintiff in Young v. United Parcel Service, Inc. was a former, part-time . . . Read More
STOP, THIEF! – How to Keep Your “Secret Sauce” In-House, When an Employee Is Lured to Greener Pastures
No matter how collegial and successful a workplace you have created for your employees, attrition is an inevitable fact of life in business, and in government contracting in particular. And when departing personnel have been privy to hard-won confidential and proprietary company data, the thought of that information falling into the hands of a competitor have caused many a sleepless night for business owners. This article is intended to outline some steps that the prudent executive should take to preserve . . . Read More
New Washington, DC Wage Law with Sweeping Changes In Effect This Week
On February 26, 2015, the Amended DC Wage Theft Prevention Act (the “Act”) goes into effect and imposes several new obligations on Washington, DC employers. The Act makes sweeping changes to notice and recordkeeping requirements and imposes heavy penalties on employers that violate the Act. The following describes several obligations of which DC employers should be aware: Pay Notice Requirements Within 90 days of the Act’s effective date, or May 27, 2015, DC employers must furnish a wage notice to . . . Read More
Holiday Office Party Etiquette: Don’t Dance on the Table
Everyone loves a good holiday party. It is a time to unwind with co-workers and show appreciation for another year of hard work. But if you are the boss, you may have heard about or been a part of a holiday party gone awry and are terrified of the possible legal ramifications. The first issue that usually comes to mind is alcohol and driving. And while you should be concerned about whether your state has a “social host” law that . . . Read More
First Zombies, Now Ebola, then What? Preparing for Communicable Diseases in the Workplace
Oh the good ol’ days, when employees were awaiting a fictional zombie apocalypse and getting them to pay attention to prevention and preparedness was easy thanks to zombie animation from the Centers for Disease Control and Prevention (CDC) . However, the coming of Ebola has eclipsed not only zombies but common cold and flu preparedness. It is only natural that Ebola seems much more menacing to us than the flu or other common illnesses, but for employers the threats and risks associated with deadly diseases such as Ebola, HIV, and Hepatitis or more . . . Read More
Social Media Strikes Back! The Impact of Off-Hours Communications with Employees on Claims of Discrimination
How many of us have stared at a Facebook friend request from a boss or co-worker and wondered if clicking “accept” was a good decision? I know I’ve wondered if I really want my boss to know how many tattoos my sister has or what festival I spent the day at on Saturday instead of churning out more work. I’m willing to bet you’ve wondered something similar and for good reason. There is a massive amount of information stored on . . . Read More
Potential Blacklisting of Government Contractors Based on Labor Law Violations
On July 31, 2014, President Obama signed Executive Order 13673 , which will require companies bidding on federal contracts to disclose to agency contracting officers any violations (whether by administrative merits determination, arbitral award or decision, or civil judgment) of various federal wage and hour, discrimination, safety and health, labor and other laws (such as OSHA and workers’ compensation laws), as well as equivalent state laws during the previous three years. In addition to violations, the Executive Order requires prospective contractors to disclose . . . Read More
SCA H&W Rate Increases to $4.02 per hour Effective July 22, 2014
The prevailing health and welfare (H&W) fringe benefit rate was increased effective July 22, 2014 to $4.02 per hour, with the exception that the benefit rate in Hawaii will be $1.66. The new H&W rate applies to “all invitation for bids opened, or other service contracts awarded on or after July 22, 2014.” The contracting agency must include a new wage determination reflecting the new H&W rate to trigger the contractor’s obligation to pay the higher H&W rate. The contracting . . . Read More
Minimum Wage for Contractor Employees on Fast Track to Your Contracts
At some point in the past few months, you may have heard about Executive Order 13658 (EO), issued on February 12, 2014, wherein President Barack Obama establishes a $10.10 per hour minimum wage for employees of federal contractors and subcontractors by January 2015, adjusted annually thereafter by the increase in the Consumer Price Index for Urban Wage Earners and Clerical Workers. There is a disagreement about the actual impact the EO will have since most federal contractors and subcontractors subject to the provisions . . . Read More