Employment Law Blog

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
Most laws that protect workers’ rights do so only for “employees,” but not “independent contractors.” While it may seem intuitive, the difference between the two types of workers is not always clear. The legislatures that wrote the various local, state, and federal laws have included a variety of definitions of the two terms—...

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...

Supreme Court Considers Religious Exemptions to Nondiscrimination Laws

November 17, 2020
On November 4, the Supreme Court heard oral arguments in Fulton v. City of Philadelphia, the most recent case to address how the First Amendment’s Religious Free Exercise Clause interacts with antidiscrimination laws as applied to religious entities. The case centers on foster care and certification of couples to be foster...

Why Employees at Religious Organizations May Not Be Protected Against Discrimination

November 2, 2020
In Demkovich v. St. Andrew the Apostle Parish, the Seventh Circuit recently held in a 2-1 decision that the ministerial exception does not preclude church ministerial employees from asserting hostile work environment claims. Supreme Court Rulings Clarify Ministerial Exception in Employment Discrimination Cases The decision in...

What Legal Protections Exist for Employees who Use Medical Marijuana?

October 21, 2020
California became the first state to legalize the use of marijuana for medical purposes in 1996. Today, medical marijuana use is legal in thirty-three states, the District of Columbia, and three U.S. territories, with another thirteen states allowing the use of CBD products that have low THC content. Over four million Americans...

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