Caroline Guensberg
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On January 11, 2020, Muriel Bowser signed the Ban on Non-Compete Agreements Amendment Act of 2020 (the “Act”) into law, moving the District one step closer to implementing one of the broadest, if not the broadest bans on non-competition agreements in the country. As we previously reported, in December 2020, the DC Council passed the … Continue Reading
Quick Hit: On December 17, 2020, the Council of the District of Columbia passed the Ban on Non-Compete Agreements Amendment Act of 2020 (the “Act”), which, subject to certain very narrow exceptions, will “make void and unenforceable non-compete[s]” entered into after the effective date of the law. The Act also prohibits employers from maintaining workplace … Continue Reading
Quick Hit: As we previously reported, earlier this year District of Columbia enacted the Leave to Vote Amendment Act of 2020 (the “Act”) which grants all D.C. employees two hours of paid leave to vote in person. Although the Act was signed into law on April 27, 2020, its enactment was subject to the measure … Continue Reading
Quick Hit: The temporary expansion of the DC Family and Medical Leave Act to provide D.C. employees up to 16 weeks of unpaid, job-protected “COVID-19 leave” has been extended through October 9, 2020. The D.C. Office of Human Rights has published an updated notice reflecting the extended effective date, which employers “must post and maintain… … Continue Reading
As we previously reported, earlier this year Maryland passed a number of employment laws that, among other things, prohibit use of facial recognition technology, wage history inquires and hairstyle discrimination, and revise the state’s mini-WARN act. These laws will take effect on October 1, 2020. For more detail on the new laws, see our original … Continue Reading
Quick Hit: Employees in the District of Columbia are currently eligible for paid and unpaid COVID-19 related leave under measures that temporarily expand the D.C. Family and Medical Leave Act (“DCFMLA”) and D.C. Accrued Sick and Safe Leave Act (“ASSLA”). Key Takeaway: D.C. employers now must navigate an additional set of paid and unpaid leave … Continue Reading
Quick Hit Virginia became the first state to issue mandatory COVID-19 workplace safety rules when the Virginia Safety and Health Codes Board (“VSHCB”) approved an emergency temporary standard on July 15, 2020 by a 9-2 vote. The final text has not yet been published but the mandatory requirements are expected to include obligations surrounding flexible … Continue Reading
As we previously reported, this spring Virginia Governor Ralph Northam signed into law a number of new measures expanding protections for employees in the Commonwealth and providing enhanced mechanisms by which employees may bring claims against their employers for violations of those protections. Many of these new laws become effective on July 1, 2020. As … Continue Reading
On July 1, 2020, employees in DC will be able to begin taking Paid Family Leave (“PFL”) pursuant to the DC Paid Family Leave Act (the “Act”). Here’s a quick primer on what employers need to know ahead of the program’s launch. Eligible Leave Employees who spend more than 50% of their work time in … Continue Reading
Quick Hit: Maryland employers with 50 or more employees must submit information regarding sexual harassment settlements on or before July 1, 2020. This information must be submitted using a portal on the Maryland Commission on Civil Rights’ (“the Commission”) website, which is available here. More Detail: Maryland’s Disclosing Sexual Harassment in the Workplace Act of … Continue Reading
During the early days of the coronavirus pandemic, the Maryland legislature passed over 600 pieces of legislation, many of which relate to employment issues. Several of these bills, including ones that prohibit use of facial recognition technology, wage history inquiries and hairstyle discrimination, and revise the state’s mini-WARN act, recently became law when the deadline … Continue Reading
On May 19, 2020, the Department of Labor’s Occupational Safety and Health Administration (“OSHA”) issued a memorandum updating previous guidance regarding employers’ obligation to record cases of COVID-19 in the workplace. On May 26, 2020, the previous guidance will be rescinded and OSHA’s updated guidance will go into effect, the key provisions of which are … Continue Reading
As the March 31, 2020 deadline for submitting 2019 EEO-1 reports came and went without the EEOC opening its reporting portal, many employers have been awaiting the EEOC’s announcement of when it would begin accepting the reports. On May 7, 2020, the EEOC gave employers the answer, announcing that it is delaying collection of 2019 … Continue Reading
In the wake of Virginia voting in Democratic majorities in both houses of the state legislature last year, the Virginia legislature has passed, and Virginia Governor Ralph Northam has signed into law, a slew of new measures providing Commonwealth employees broad protections and enhanced mechanisms by which to bring claims against their employers for violations … Continue Reading
As noted in our recent posts, OFCCP remains open for business despite the COVID-19 pandemic. On April 17, 2020, OFCCP provided further evidence of that fact, announcing three new directives “to maximize the effectiveness of [its] compliance assistance resources, increase accountability, and resolve federal contractor compliance evaluations more efficiently.” Director Leen revealed that two of … Continue Reading
On March 27, 2020, the EEOC posted a pre-recorded webinar in which the agency answered questions related to the impact of COVID-19 on the laws that the agency enforces. At the outset, the EEOC issued a disclaimer that guidance from the Centers for Disease Control (“CDC”) and state or local public health authorities should not … Continue Reading
In response to the global health crisis, Mayor Muriel Bower has signed the D.C. COVID-19 Response Emergency Amendment Act of 2020 (the “Act”). Unless extended, the Act will remain in effect until June 15, 2020, and, among other things, creates a new category of leave available under the D.C. Family and Medical Leave Act (“DCFMLA”) … Continue Reading
D.C. Governor Muriel Bower has issued an emergency order, Mayor’s Order 2020-053, (“the Order”) requiring that all non-essential businesses cease on-site operations beginning at 10:00 p.m. on March 25, 2020. The Order also prohibits gatherings of 10 or more people. The Order, as of now, will remain in effect through April 24, 2020. The Order … Continue Reading
On March 3, 2020, Virginia Governor Ralph Northam signed into law HB 1514, which amends the Virginia Human Rights Act to prohibit discrimination on the basis of hairstyles. Specifically, the bill amends the definition of discrimination “because of race” or “on the basis of race” to include discrimination “because of or on the basis of … Continue Reading
Quick Hit: On January 30, 2020, the Maryland General Assembly voted to override Governor Larry Hogan’s veto of an “Act Concerning Record Screening Practices (Ban the Box)” (“the Act”). The Act prohibits employers from “requir[ing] an applicant to disclose whether the applicant has a criminal record or has had criminal accusations brought against the applicant” … Continue Reading
As we previously reported, on July 1, 2020, employees in D.C. will be eligible to receive benefits under the D.C. Paid Family Leave law, which provides employees with up to eight weeks of paid leave to care for a new child, six weeks of paid leave to care for a sick family member, and two … Continue Reading
Quick Hit: Effective October 1, 2019, Maryland law prohibits the use of non-competition agreements for employees with wages equal to or less than $15 per hour or $31,200 annually. Key Takeaway: Maryland employers, and employers with employees who work in Maryland, that utilize non-competition agreements for covered employees should be aware that such agreements are … Continue Reading
On November 20, 2019, the EEOC held a public hearing at its headquarters in Washington, DC, regarding proposed changes to the Employer Information Report (“EEO-1”). These proposed changes include “not seeking to renew Component 2 of EEO-1,” which required employers with over 100 employees to report employee pay and hours worked information. Proskauer attended the … Continue Reading
DC Mayor Signs Act Creating Near Total Ban on Non-Compete Agreements for DC Employees
By Caroline Guensberg and Guy Brenner on Posted in Non-Competes and Protection of Corporate Assets
DC Council Passes One of the Broadest Bans on Non-Competes in the Country
By Caroline Guensberg and Guy Brenner on Posted in Non-Competes and Protection of Corporate Assets, Workplace Policies and Procedures
DC Paid Voting Leave Law Funded in Time for Election Day
By Caroline Guensberg and Guy Brenner on Posted in Workplace Policies and Procedures
DCFMLA COVID-19 Leave Extended through October 9, 2020
By Caroline Guensberg and Guy Brenner on Posted in Coronavirus, Workplace Policies and Procedures
Maryland Employers: New Employment Laws Become Effective October 1, 2020
By Caroline Guensberg and Guy Brenner on Posted in Workplace Policies and Procedures, Workplace Restructuring and WARN
D.C. Requires Employers To Provide Paid and Unpaid COVID-19 Leave
By Caroline Guensberg and Guy Brenner on Posted in Coronavirus, Workplace Policies and Procedures
Virginia Becomes First State to Adopt Mandatory COVID-19 Workplace Safety Requirements
By Lexie Reynolds, Caroline Guensberg and Guy Brenner on Posted in Coronavirus, Workplace Safety
Virginia Employers, Are You Ready? New Employment Laws Go Into Effect July 1, 2020
By Caroline Guensberg and Guy Brenner on Posted in Workplace Policies and Procedures
DC’s Paid Family Leave Benefits Available July 1, 2020: What Employers Need to Know
By Caroline Guensberg and Guy Brenner on Posted in Coronavirus, Workplace Policies and Procedures
Maryland Employers: Deadline Approaching to Submit Sexual Harassment Settlement Information
By Caroline Guensberg and Guy Brenner on Posted in Discrimination, Harassment and Retaliation
Maryland Employers: Get Ready For A Host Of New Employment Laws
By Caroline Guensberg and Guy Brenner on Posted in Workplace Policies and Procedures
OSHA Updates Guidance Regarding COVID-19 Recordkeeping Requirements
By Arielle E. Kobetz, Caroline Guensberg, Harris Mufson and Scott Tan on Posted in Coronavirus, Workplace Safety
EEOC Delays EEO-1 Reporting Deadline Until 2021
By Caroline Guensberg and Guy Brenner on Posted in Coronavirus
Virginia Employers Get Ready: New Laws Dramatically Expand Employee Protections and Employer Liability in the Commonwealth
By Caroline Guensberg and Guy Brenner on Posted in Coronavirus
OFCCP Issues Three New Directives
By Caroline Guensberg and Guy Brenner on Posted in Coronavirus
EEOC Answers Employers’ COVID-19-Related Questions
By Alex Downie, Caroline Guensberg and Harris Mufson on Posted in Coronavirus
District of Columbia Expands DCFMLA and Unemployment Insurance in Response to COVID-19
By Caroline Guensberg and Guy Brenner on Posted in Coronavirus
District of Columbia Orders Closure of All Non-Essential Businesses
By Arielle E. Kobetz, Caroline Guensberg and Guy Brenner on Posted in Coronavirus
Virginia Becomes the Fourth State to Ban Discrimination on the Basis of Hairstyles
By Caroline Guensberg and Guy Brenner on Posted in Discrimination, Harassment and Retaliation
Maryland Legislature Overrides Governor’s Veto of “Ban the Box” Legislation
By Caroline Guensberg and Guy Brenner on Posted in Uncategorized
DC Employers Must Provide Paid Family Leave Law Notice By February 1, 2020
By Caroline Guensberg and Guy Brenner on Posted in Uncategorized
Maryland Bars Non-Competes for Low-Wage Employees
By Caroline Guensberg and Guy Brenner on Posted in Uncategorized
Report from EEOC Hearing on EEO-1 Component 2—Should It Stay or Should It Go?
By Caroline Guensberg and Guy Brenner on Posted in Uncategorized