The Employment Brief | Employment Law | Kollman & Saucier, P.A.

What Not to Say to a Pregnant Job Applicant

Darrell VanDeusen

03/05/2018

Employment Discrimination, Pregnancy Discrimination

Channeling Rod Serling here. “Imagine if you will….” (for those readers too young to recognize the quote, check out “The Twilight Zone”). You are responsible for hiring a new employee. During the interview process, an applicant says, “by the way, I am pregnant.” How do you respond? I have used this hypothetical in employment law training sessions. The answer is always the same: “congratulations.” And leave it at...

Clifford Geiger

02/28/2018

Employment Discrimination, Sexual Orientation

On February 26, 2018, the United States Court of Appeals for the Second Circuit held that sexual orientation discrimination constitutes a form of discrimination “because of . . . sex” in violation of Title VII. Zarda v. Altitude Express, Inc., 2d Cir., No. 15-03775 (2/26/18). The court overturned prior decisions holding otherwise, saying that “legal doctrine evolves.” This is the second appeals court to depart from precedent and...

Kollman & Saucier

02/21/2018

Disability & Leave, Exhaustion of Administrative Remedies, Legislative Developments, Reasonable Accommodations/Undue Burden

This past Thursday, the House of Representatives passed (by a vote of 225 to 192) the “ADA Education and Reform Act of 2017.” The bill is designed predominantly to alter the procedures that must be followed concerning alleged violations of the Americans with Disabilities Act (ADA) by public accommodations such as restaurants, hotels, movie theaters, and shopping malls. Since 1990, the ADA has barred public accommodations from depriving any...

Kollman & Saucier

02/16/2018

Agency Activity, Business Law, Wage & Hour

Prior to and during my college years, I supported myself by working as a server in restaurants. It was fast-paced, hard work with very long hours most of the time. Dealing with hungry and demanding diners also had its mentally exhausting moments. My restaurant job history is near and dear to my heart. So when I learned about the Department of Justice’s proposal to remove Obama-era regulations prohibiting certain employers...

Kollman & Saucier

02/14/2018

Business Law

As explained this past Sunday, the Maryland Department of Labor, Licensing and Regulation (DLLR) has issued its own sample employee notice that employers may use to comply with the Maryland Healthy Working Families Act’s (MHWFA) notice posting requirement. That said, the DLLR model notice is optional; employers are free to provide a similar notice as long as it provides the required information (see Sunday's post for more details). We have...

Kollman & Saucier

02/13/2018

Firm News, Maryland Healthy Working Families Act

Below is a summary of the questions asked during the February 2, 2018 MHWFA Webinar. Not every question raised during the Webinar was answered because some require more information or context to properly respond. Further, many of the questions were covered directly in the slides and the presentation. The answers below do not constitute legal advice and are not to be relied upon by you as such. The responses provided are based on information...

Kollman & Saucier

02/13/2018

Employment Discrimination

Just in time for Valentine’s Day, the Ninth Circuit Court of Appeals ruled in favor of a female former police officer who alleged she was terminated because of her off-duty extramarital affair with another officer. Perez v. City of Roseville, et al., No. 15-16430. During the first six months of her employment with the police department, Janelle Perez received positive performance reviews. After the wife of a fellow officer called the...

Kollman & Saucier

02/12/2018

Maryland Healthy Working Families Act, Paid Leave

This is not a political blog. This is not really a political subject. Or shouldn’t be. At least not with respect to the question of whether Maryland’s new paid sick and safe leave law should have been delayed for some reasonable amount of time so that employers could modify existing policies, create new policies, and do the other things required to be compliant with the Maryland Healthy Working Families Act (MHWFA). The MHWFA took effect...

Kollman & Saucier

02/11/2018

Maryland Healthy Working Families Act, Paid Leave

The Maryland Department of Labor, Licensing and Regulation (DLLR) has issued a sample employee notice employers may use to comply with the Maryland Healthy Working Families Act’s (MHWFA) notice posting Requirement. The notice summarizes the MHWFA’s accrual, leave usage, reporting, prohibited conduct, and complaint filing provisions as required by the sick and safe leave law. With the MHWFA taking effect today (February 11, 2018), Maryland...

Kollman & Saucier

02/11/2018

Firm News, Maryland Healthy Working Families Act

On February 2, 2018, we hosted a complimentary webinar discussing and explaining the obligations of the MHWFA, as best we could decipher as of that date. You may view and listen to the Webinar by clicking here. We are continuing to monitor all updates on the MHWFA, which did go into effect today, February 11, 2018. We posted earlier today about the DLLR sample employee notice just made available. We will continue to post as more MHWFA events...

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Email Updates

What Not to Say to a Pregnant Job Applicant

Appeals Court Rules Sexual Orientation Discrimination Prohibited By Title VII

U.S. House Votes To Amend ADA's Public Accommodations Requirements

FLSA Tip Regulations Facing Repeal By DOL

K & S Model Maryland Healthy Working Families Act (MHWFA) Notice

February 2, 2018 Maryland Healthy Working Families Act Webinar Question and Answer Summary

Ninth Circuit Finds Termination Based on Extramarital Affair Unlawful

Maryland’s Sick and Safe Leave Law – When Bad Legislation Is Good Enough

Maryland DLLR Issues Sample Notice For Earned Sick And Safe Leave

The Link Is Here For The February 2, 2018 Maryland Healthy Working Families Act Webinar

Email Updates