BLOG: New DOL Rule Frees TRICARE Providers from OFCCP Audits and Enforcement

On July 2, 2020, the Department of Labor (DOL) published a final rule , which clarifies that its Office of Federal Contract Compliance Programs (OFCCP) lacks authority over certain medical providers who contract with TRICARE. While there has been a moratorium on OFCCP enforcement for TRICARE providers since 2014, the potential for future OFCCP audits and related litigation loomed large. This rule relieves healthcare providers who solely contract with the federal government through TRICARE from future OFCCP audits and enforcement. OFCCP enforces Executive . . . Read More

BLOG: COVID-19 Is Spiking More Than Just Fevers: 5 Things to Remember with Union Organizing on the Rise

As unemployment rises and companies face new COVID-19 health and safety challenges, many unions are exploring new ways to encourage employees to organize. In this climate of union organizing, it can be important to keep open communications with your workforce. Often, the best way to avoid a union organizing campaign is to listen to employee concerns as they arise and keep a watchful eye on signs that employees might be considering organizing, providing you an opportunity to get out in . . . Read More

BLOG: Creating a New Normal: 5 Steps for Employers Preparing a Returning Workforce in a COVID-19 Environment

As government authorities slowly begin the reopening process, employers are now preparing to reopen facilities and return employees to their worksites. Undoubtedly, with the COVID-19 pandemic still ongoing, a return to work certainly will not mean a return to how things used to be and employers will need to implement new processes and procedures to adequately prepare employees and comply with state and local requirements. This brief guide outlines various considerations employers will have to make to gradually and safely . . . Read More

BLOG: EEOC Delays Collection of EEO-1 Data Due to COVID-19

In light of the public health emergency caused by COVID-19, the Equal Employment Opportunity Commission (EEOC) announced that it will delay collection of EEO-1 Component 1 data until March 2021. Under federal law, businesses with at least 100 employees and federal contractors with at least 50 employees and a federal contract of $50,000 or more generally must file an EEO-1 form each year. This development gives government contractors a one-year extension to file their 2019 Component 1 data. Many employers . . . Read More

BLOG: Employers: A Briefing on Federal Agencies’ Responses to COVID-19

Federal, state, and local governments are working around the clock to implement various measures in the midst of the COVID-19 crisis. Additionally, a number of federal agencies and departments are also taking action in response to the outbreak. For employers across the nation, it is undeniably an unstable and unclear time, with no concrete signs of when there will be a sense of normalcy again. However, in the meantime, we compiled a list of some of the agencies with brief . . . Read More

BLOG: “Constructive Demotion” Claim Under Title VII Gains Traction in 4th Circuit District Courts

While the viability of a claim of “constructive demotion” under Title VII of the Civil Rights Act of 1964 (Title VII) has yet to be determined by the Fourth Circuit, a series of cases in district courts within the Circuit suggest that such might not be the case for long. In one such recent case, Judge Conrad of the U.S. District Court for the Western District of Virginia denied a defendant truck driver training company’s motion to dismiss a constructive . . . Read More

BLOG: The Service Contract Right of First Refusal Rules Continue to Fall Away

On January 31, 2020, the Federal Register announced that the U.S. Department of Labor (DOL) rescinded the service contractor “right of first refusal” regulations at 29 C.F.R. Part 9. [1] This was done to implement the President’s October 31, 2019 revocation of the 2009 Executive Order No. 13,495, Nondisplacement of Qualified Workers Under Service Contracts (Nondisplacement Rules). DOL’s move was primarily administrative in nature, given that the President’s revocation order commanded Executive Agencies to stop enforcing the rules.  Generally speaking, Nondisplacement Rules . . . Read More

What You Need to Know to Prepare for Maryland Sick Leave Requirements

Effective February 11, 2018, Maryland’s Healthy Working Families Act (the “Act”), Maryland’s sick leave law, will go into effect. Although Governor Larry Hogan had vetoed the measure, the Maryland General Assembly overrode the Governor’s veto on January 11, 2018, leaving employers scrambling to prepare for implementation. Following are some of the pertinent, key provisions from the Act that will guide employers in making appropriate policy changes. Does Your Business Have to Comply? The Act covers all employers, but employers with . . . Read More

BLOG: Federal “Ban-the-Box” Law: The Fair Chance Act to Limit Criminal Background Inquiries by Federal Contractors

On December 17, 2019, the Senate passed the National Defense Authorization Act (NDAA) for Fiscal Year 2020, which was subsequently signed by the President. As part of the NDAA, the government enacted the Fair Chance to Compete for Jobs Act of 2019 (the Fair Chance Act or Act), which prohibits federal agencies and federal contractors from requesting criminal background information from job applicants prior to extending an offer, with a few exceptions. The Fair Chance Act goes into effect on . . . Read More

BLOG: The HIPAApotomas in the Room: Signs You May Be a Covered Entity Under This Hefty Healthcare Law

The Health Insurance Portability and Accountability Act (HIPAA) establishes certain minimum requirements for the protection of patient health information. So, for example, restrictions on how your doctor keeps electronically stored medical records, and the specific circumstances under which they can disclose that information to a third party, are governed by HIPAA. Unknown to many businesses, however, are HIPAA requirements that often extend beyond a doctor’s office, and can hold a number of other entities accountable (including imposing stiff monetary penalties) . . . Read More