Employment Law Blog
Coronavirus Questions and Answers: What Do Employees Need to Know
May 3, 2021
Updated May 3, 2021
While COVID-19 is first and foremost a public health crisis, it has increasingly become an economic crisis with devastating effects for workers across the country. Recommendations from public health experts and resulting government dictates have led Americans to implement “social distancing” in an...
Whole Foods Case Demonstrates Limits of Title VII Protections for Private Sector Employees
May 3, 2021
A district court in Massachusetts has held that Whole Foods did not violate Title VII when it told its employees they could not wear masks and apparel referring to the Black Lives Matter (BLM) movement while at work. This outcome demonstrates the limits of Title VII protections against race discrimination and retaliation, as...
Do District of Columbia Workplace Laws Apply to Employees in this Region who are Working Remotely?
April 27, 2021
As a general rule, employees are protected by the antidiscrimination and other workplace laws of the state in which they work. With the proliferation of remote work during the COVID-19 pandemic, however, it can be challenging to determine which states’ laws apply to employees’ legal claims. If, for example, an individual works...
When Is Opposition to Discrimination Not Protected Conduct?
April 7, 2021
An employer unlawfully retaliates against an employee when it takes an adverse action against her because she engaged in protected conduct. Under the anti-discrimination laws, an adverse action is anything that would tend to deter people from complaining about illegal conduct, such as putting an employee on a performance...
DC Strengthens Worker Protections with Ban on Non-Compete Agreements
March 31, 2021
On January 11, 2021, Mayor Muriel Bowser of the District of Columbia signed the “Ban on Non-Compete Agreements Amendment Act of 2020,” which took effect on March 16, 2021. Non-compete provisions prohibit employees from simultaneously or subsequently engaging in other work in the same geographic area similar to their current...
The Biden Administration’s Recent Executive Orders that Impact Workers
March 1, 2021
Beginning on Inauguration Day, the Biden Administration has demonstrated that strengthening protections for workers is a clear priority. Recent measures seek to improve health and safety protections for workers during the COVID-19 pandemic. The Administration has also recognized the importance of addressing racial and gender...
Pennsylvania Governor Vetoes Bill Extending Reach of Business Liability Protections During COVID-19
February 17, 2021
On November 30, Pennsylvania Governor Tom Wolf vetoed controversial House Bill 1737. The Republican-backed Bill was passed by Pennsylvania legislators in November 2020, and extended the reach of Governor Wolf’s May 6 executive order, which had granted civil liability protection to licensed or certified healthcare practitioners...
Legal Developments for Independent Contractors in California and Beyond
February 8, 2021
May 5, 2021 update: The Department of Labor has withdrawn the final rule that would have applied the economic reality test to the FLSA. The final rule never went into effect, and has not yet been replaced by a new rule.
Most laws that protect workers’ rights do so only for “employees,” but not “independent contractors...
Legal Ramifications of Flouting Mask Rules by Members of Congress
January 14, 2021
During the invasion of Congress on January 6, 2021, members of Congress were forced to take shelter for a few hours with a large group of their colleagues. Several Democratic members of Congress—Reps. Bonnie Watson Coleman (N.J.), Pramila Jayapal (Wash.), and Brad Schneider (Ill.)—have revealed that they have tested positive...
COVID-19 Vaccinations: What Employees and Employers Need to Know
January 13, 2021
As the United States begins its rollout of the COVID-19 vaccine, employees are receiving conflicting information about what their employers can and cannot require of them. This article will address some of employees’ most pressing questions about how to navigate vaccination-related issues in the workplace in the months to come...
