On June 12, 2021, a federal judge sitting in the Southern District of Texas held that Houston Methodist Hospital could require its employees to receive the COVID-19 vaccine, dismissing the lawsuit brought by 117 plaintiffs who protested the requirement.  See Bridges v. Houston Methodist Hospital, No. 4:21-cv-01774 (S.D. Tex. June 12, 2021).  This opinion marks the first federal ruling on the topic of vaccine mandates, serving as an early indication of how courts may respond to the legal considerations involved in employers’ attempts to have their employees return safely to the office amidst the COVID-19 pandemic.
Continue Reading Federal Judge Dismisses Lawsuit Challenging Mandatory Vaccination Requirement

Following the flood of employee-friendly legislation during the Virginia General Assembly’s 2020 session, which included a significantly strengthened wage payment law, the 2021 session resulted in the passage of yet another new wage-related law that employers need to be aware of.  This new law – the “Virginia Overtime Wage Act” – goes into effect on July 1, 2021 and will usher in the first overtime pay requirement in Virginia’s history.
Continue Reading Virginia’s New Overtime Law Threatens Double and Treble Damages For Employers Who Don’t Pay Up

Last month, Washington, D.C. Mayor Muriel Bowser signed the Ban On Non-Compete Agreements Amendment Act of 2020, which becomes effective next week.  This law is a statutory ban on non-compete agreements that has the strength of similar bans in California, North Dakota, and Oklahoma. 
Continue Reading Washington, D.C. Passes One of the Most Robust Prohibitions on Non-Competes in the Country

On December 16, 2020, the Equal Employment Opportunity Commission updated its COVID-19 guidance with a new section pertaining to vaccinations. The updated release—“What You Should Know About COVID-19 and the ADA, the Rehabilitation Act, and Other EEO Laws”—discusses how employers who require vaccinations should respond to an employee who is unable or unwilling to receive a COVID-19 vaccination because of a disability or sincerely held religious belief. 
Continue Reading EEOC Provides Guidance Regarding COVID-19 Vaccinations

As part of Virginia’s overhaul of its labor and employment laws, the Commonwealth enacted Virginia Senate Bill 712, which amended the Virginia Human Rights Act to require covered employers to reasonably accommodate the known limitations of an employee as it relates to pregnancy, childbirth, or related medical conditions, unless such an accommodation would impose an undue hardship on the employer.
Continue Reading Virginia’s Pregnancy Accommodation Law Will Require Most Employers to Update Their Policies

In a 6-3 decision, the U.S. Supreme Court ruled today that Title VII of the Civil Rights Act of 1964 prohibits employment discrimination based on an employee’s sexual orientation and/or transgendered status. 
Continue Reading BREAKING: The U.S. Supreme Court Holds That Title VII Protects LGBTQ Employees

The Universal Paid Leave Amendment Act of 2016, which implements the District of Columbia’s new Paid Family Leave program, kicks-in for employees on July 1, 2020.  However, employers must post a PFL notice in the workplace no later than February 1, 2020.   
Continue Reading D.C. Employers Risk Fines for Failing to Comply with Paid Family Leave Notice Requirements

Although the World Health Organization has declared the coronavirus outbreak a “public health emergency of international concern,” it has not yet declared the outbreak as a pandemic. Nevertheless, the emergence of the latest coronavirus is an opportunity for employers, as it reminds them to consider policies and procedures related to pandemic planning.
Continue Reading Coronavirus: A Reminder for Employers Without a Pandemic Plan

The California Department of Fair Employment and Housing recently updated its Sexual Harassment Prevention Training FAQ guidance to address some of the questions surrounding SB 1343, which requires employers with five or more employees to provide classroom or “other interactive training” for all California employees (not just supervisors) every two years
Continue Reading California DFEH Updates FAQ on Sexual Harassment Prevention Training in Light of New Deadline to Comply