Employment Law Blog

Potential Implications of Supreme Court Decision on Employment Law

July 15, 2021
On June 17, 2021, the US Supreme Court released its decision in the case Fulton v. City of Philadelphia. The case was brought by Catholic Social Services, which claimed that the City government violated its First Amendment right to free exercise of religion by refusing to work with the foster care agency unless it agreed to...

Can Employers Shorten Discrimination Claim Deadlines by Contract?

July 7, 2021
Every legal claim has a time limit within which a person must file a lawsuit—or a complaint with a government agency—or give up the claim. This deadline is known as the “statute of limitations,” as it is often a time limit written in the statute that creates the legal claim. There are a variety of reasons legislators have for...

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...

Pages