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Pay Transparency Comes to Washington, DC

This springtime, Washington, D.C. employers may want to spruce up their compliance checklists to stay ahead of new pay transparency obligations. On January 12, 2024, Mayor Bowser signed the Wage Transparency Omnibus Amendment...more

D.C. Expands Coverage of Minimum Wage Law

Washington, D.C. is poised to extend the reach of its minimum wage requirements. On January 10, 2024, Washington D.C. Mayor Bowser signed the Minimum Wage Clarification Amendment Act of 2023 (B25-0134) (the “Amendment”),...more

You Better Watch Out: The OAG Is Stepping Up Enforcement of D.C.’s Non-Compete Ban

Just over a year into the implementation of the Washington, D.C. Ban on Non-Compete Agreements, as amended by the Non-Compete Clarification Amendment Act of 2022 (together, the “D.C. Non-Compete Ban”), the District of...more

The Supreme Court Has Weighed in: Employers Considering Title VII Religious Accommodation Requests Now Face a Heightened Standard

On June 29, 2023, the Supreme Court of the United States issued three opinions. Of them, Groff v. DeJoy (“Groff”),in which the Court unanimously revised the standard for determining whether accommodating an employee’s...more

EEOC Issues New Workplace Artificial Intelligence Technical Assistance

Since late October 2021, when the Equal Employment Opportunity Commission (EEOC) launched its Initiative on Artificial Intelligence (AI) and Algorithmic Fairness, the agency has taken several steps to ensure AI and other...more

Abortion-Related Time Off After Dobbs: How the FMLA and Other Laws Might Apply

The U.S. Supreme Court’s decision in Dobbs v. Jackson Women’s Health Organization, overturning Roe v. Wade and Casey v. Planned Parenthood and leaving the legality of abortion up to each state, inevitably will increase the...more

Fourth Circuit Holds the Americans with Disabilities Act Covers Gender Dysphoria

On August 16, 2022, in Williams v. Kincaid, the Fourth Circuit held that gender dysphoria can qualify as a disability under the Americans with Disabilities Act (the “ADA”). This is the first federal appellate decision which...more

FOIA Request May Disgorge Thousands of Federal Contractor EEO-1 Reports – Deadline to Object Is September 19, 2022

On August 18, the US Department of Labor, Office of Federal Contract Compliance Programs (“OFCCP”) announced that it had received a Freedom of Information Act (“FOIA”) request from the Center for Investigative Reporting...more

Washington, D.C. Scales Back Ban on Non-Competes

Washington, D.C. employers will not need to scrap all their non-compete agreements after all. On July 12, 2022, the D.C. Council (the “Council”) passed the Non-Compete Clarification Amendment Act of 2022 (B24-0256) (the...more

Preparing Corporate Messaging in the Wake of Dobbs

The United States Supreme Court (“SCOTUS”), in Dobbs v. Jackson Women’s Health Organization, has held that there is no constitutional right to abortion, overruling Roe v. Wade and Casey v. Planned Parenthood....more

President Biden’s Vaccination Mandates for Federal Employees and Contractors Remain in Limbo

While the fate of two COVID-19 vaccination rules by federal agencies were decided in January by the Supreme Court of the United States, millions of employees working for the federal government, whether directly or as a...more

#WorkforceWednesday: Health Care Construction Workers and Vaccination, 2022 Wage and Hour Laws, Follow BIPA Rules

This week, we look at one of the nuances of the vaccine mandate for health care facilities, the wage and hour laws in effect in 2022, and biometric privacy compliance....more

Podcast: Owner's Outlook: Vaccine Mandate for Construction Workers at Health Care Facilities - Diagnosing Health Care [Video]

The Supreme Court recently upheld the Centers for Medicare and Medicaid Services (CMS) vaccine mandate, which requires recipients of federal Medicare and Medicaid funding to ensure that employees, including third- party...more

Supreme Court Rejects OSHA Vax-or-Test ETS for Large Employers but Allows CMS Vax Rule for Health Care Workers

As explained in greater detail by our colleague Stuart M. Gerson, the Supreme Court of the United States handed down two major, and quickly decided, rulings on January 13, 2022. After hearing oral arguments only six days...more

More Tests, Mandatory Masks, and Another Vaccine Mandate: the District of Columbia Steps Up Its Battle Plan

On Monday, December 20, District of Columbia Mayor Muriel Bowser announced a “situational update,” declaring a state of emergency due to the “Winter 2022 Surge” in COVID-19 cases driven by the Delta and Omicron variants. The...more

Update: CMS Interim Final Rule Stay Lifted Nationwide, Still in Effect in Twenty-Four Plaintiff States

As we previously reported, the Centers for Medicare & Medicaid Services’ (CMS’s) interim final rule (the “Rule”) requiring full COVID-19 vaccination for staff and others at Medicare- and Medicaid-certified providers and...more

Vaccine Mandate for Federal Contractors Enjoined Nationwide

As we previously reported, President Biden issued Executive Order 14042 (the Order), which mandated that employees of contractors and subcontractors performing work on federal contracts be fully vaccinated against COVID-19 by...more

Courts Grant Preliminary Injunctions Placing CMS Interim Final Rule on Hold

As we previously reported, the Centers for Medicare and Medicaid Services’ (CMS) interim final rule (“the Rule”) requiring full COVID-19 vaccination for staff and others at Medicare- and Medicaid-certified providers and...more

CMS Interim Final Rule Stayed

As we previously reported, the Centers for Medicare and Medicaid Services’ (CMS) interim final rule (“the Rule”) requiring full COVID-19 vaccination for staff and others at Medicare- and Medicaid-certified providers and...more

CMS Interim Final Rule Challenged – Stay Tuned

As we previously reported, effective November 5, 2021, the Centers for Medicare and Medicaid Services (CMS) issued an interim final rule (the Rule) requiring full COVID-19 vaccination for staff and others at Medicare- and...more

CMS Vaccine Rule for Health Care Workers - Employment Law This Week® [Video]

The Centers for Medicare & Medicaid Services (CMS) issued an interim final rule outlining vaccine requirements for staff at Medicare- and Medicaid-certified providers and suppliers. Attorney Frank Morris discusses the next...more

Medicare and Medicaid Providers, Take Note: New CMS Rules Require Health Care Workers to Be Fully Vaccinated by January 4, 2022

On November 4, 2021, the Centers for Medicare and Medicaid Services (CMS) issued an interim final rule (the “Rule”) requiring COVID-19 vaccination for staff at Medicare- and Medicaid-certified providers and suppliers.  The...more

Task Force Issues New FAQs on COVID-19 Workplace Safety Guidance for Federal Contractors

On November 1, 2021, the Safer Federal Workforce Task Force (“Task Force”) issued new FAQs for federal contractors and subcontractors (“covered contractors”) that are subject to Executive Order 14042, Ensuring Adequate COVID...more

EEOC Updates COVID-19 Guidance to Address Vaccine Mandate Religious Exemptions

On Monday, October 25, 2021, the U.S. Equal Employment Opportunity Commission (“EEOC”) issued updates to its online technical assistance for employers, providing guidance for managing workplace issues arising from the ongoing...more

New Developments in Federal Contractor COVID-19 Safety Protocols and Vaccination Requirements

Since President Biden issued Executive Order 14042 (the “Order”), and the Safer Federal Workforce Task Force (the “Task Force”) issued companion Guidance interpreting the Order (our summary of which can be found here), there...more

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