Insights

The latest news, articles, and events from the attorneys at Lerch, Early & Brewer.

Lerch Early Insights

COVID-19 Resource Center

Lerch Early is monitoring COVID-19 and its impact on our clients and communities.

As part of this effort, we're constantly working on fresh content to both inform and to meet your needs. Please check out our

COVID-19 Resource Center

Employment Edge

Empowering employers in the mid-atlantic region
  • EEOC Files First Disability Accommodation Lawsuit Related to COVID-19September 13, 2021

    In a press release issued on September 7, 2021, the Equal Employment Opportunity Commission (EEOC) announced that it had filed a lawsuit against ISS Facilities Services, Inc. (ISS), a Denmark-based workplace experience and facility management company with U.S. headquarters in San Antonio, alleging that it unlawfully denied one of its employees a reasonable request for an accommodation for her disability and then fired her for requesting it.
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  • Antitrust Prosecutions for ‘No-Poaching’ AgreementJuly 22, 2021

    Since the early 1990s, criminal investigations and prosecutions by the Department of Justice’s Antitrust Division have focused on massive price-fixing cartels, resulting in billions of dollars in corporate fines and many years of prison time for top-level executives.

    The cartels involved industries such as air and sea cargo, vitamins, dynamic random-access memory computer chips, liquid crystal display computer monitors, and most recently a wide array of automobile parts.
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  • Seven Things That Employers Need to Know About Virginia’s New Overtime Wage ActJuly 16, 2021

    Virginia recently amended its wage law in a very significant manner by enacting the Overtime Wage Act (Act). The Act took effect on July 1, 2021.

    Key takeaways from the amendment include the following:

    1. The Act has changed the manner in which the regular rate of pay is calculated for salaried, non exempt employees. Under Section 40.1-29.2(B)(2) of the Virginia Code, the regular rate of pay for salaried, non exempt is now one fortieth (1/40th) of all wages paid in a particular workweek.

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  • EEOC Issues Guidance on Employer Incentives to Employees for Voluntary COVID-19 VaccinationsJune 28, 2021

    On May 28, 2021, the Equal Employment Opportunity Commission (“EEOC”) issued new guidance explaining when employers can offer incentives to employees to (1) voluntarily receive a COVID-19 vaccine administered by an employer; or (2) provide COVID-19 vaccination documentation without violating the Americans with Disabilities Act (“ADA”) and the Genetic Information Nondiscrimination Act (“GINA”). The guidance answers questions related to who employers can offer incentives to and how they can do it.
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  • Breached NDA Renders a $20 Million Verdict, But Only a $1 JudgmentJune 17, 2021

    In the last few years, we’ve heard a lot about non-disclosure agreements or “NDAs.” They are commonly used to protect against disclosure of confidential business information or financial data and similar types of highly sensitive information. Sometimes the question arises, what happens if someone breaches an NDA?

    In a recent Maryland case, the answer had a whipsaw-like quality, as a jury returned a $20 million verdict only to see the trial judge reduce the award to $1.
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