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

Maryland Senate President: A “Women Only” Commission on Harassment. Really?

Darrell VanDeusen

01/12/2018

Employment Discrimination, Sexual Harassment

This from the Baltimore Sun’s Legislative Reporter Erin Cox (who does excellent work reporting from Annapolis) on the first day of the session: “Senate President Thomas V. Mike Miller said Wednesday that the General Assembly will create a ‘powerful’ new commission to recommend how the legislature should root out sexual harassment in its ranks. “Miller said he and House Speaker Michael E. Busch will create the panel, which Miller said...

Kollman & Saucier

01/11/2018

Employment Discrimination, Gender Identity, Sex Discrimination, Sexual Orientation

We are pleased to announce that Darrell VanDeusen and Alex Berg's recent article on "LGBTQ Protections and Best Practices under Title VII" has been published on Lexis Practice Advisor and Law360 (subscriptions required). A copy of the article, which is intended primarily to inform employers about the current state of the law across federal appellate courts and to provide practical pointers to businesses who face LGBTQ issues in the workplace, can be...

Darrell VanDeusen

01/10/2018

Agency Activity, Wage & Hour

Last June, the U.S. Department of Labor announced that was reinstating Wage & Hour Opinion Letters. The agency also revamped its website where Opinion Letters and other guidance live. See https://www.dol.gov/whd/opinion/guidance.htm Now, the DOL has reissued more than a dozen advisory opinion letters that had been published late in George W. Bush’s administration but then rescinded by the Obama DOL. These letters could give employers guidance...

Darrell VanDeusen

01/08/2018

Agency Activity, Wage & Hour

Last Friday, the United States Department of Labor made the following announcement: “On Dec. 19, 2017, the U.S. Court of Appeals for the Ninth Circuit became the fourth federal appellate court to expressly reject the U.S. Department of Labor’s six-part test for determining whether interns and students are employees under the Fair Labor Standards Act (FLSA). The Department of Labor today clarified that going forward, the Department will conform...

Kollman & Saucier

01/03/2018

Labor Law

Late last month, a NLRB Administrative Law Judge found that a Pennsylvania construction contractor violated the NLRA by screening out applicants with union backgrounds. Hard Hat Services, 4-CA-196783 (12/27/17). The Judge found that the company improperly asked applicants about their union membership and relied on an on-line recruiting service to screen out applicants who appeared to have union affiliation. The NLRA makes it illegal for an...

Clifford Geiger

01/02/2018

Disability & Leave

Ketryn Cornell is an obese woman who was fired from the Berkley Tennis Club (the “Club”) after working there for fifteen years. In May 2012, when Rigoberto Headley became the Club’s general manager, Cornell was five feet, five inches tall and weighed over 350 pounds. Headley told Cornell that he wanted to change the Club’s image, and that staff members would be required to wear uniforms. Cornell mentioned to Headley that finding a...

Clifford Geiger

12/27/2017

Whistleblowers

William O’Hara sued his former employer, NIKA Technologies, Inc., under the whistleblower-protection provisions of the False Claims Act (the “FCA”), 31 U.S.C. 3730(h), and the American Recovery and Reinvestment Act (the “ARRA”), Pub. L. No. 11-5, 123 Stat. 297-99 (2009). Essentially, O’Hara claimed that NIKA fired him for disclosing another company’s alleged fraud on the government. The district court granted summary judgment in...

Kollman & Saucier

12/22/2017

Labor Law

In the middle of this holiday season, the NLRB was in a gift-giving mood to employers, updating standards in several important areas of labor law. In the 48 hours before the expiration of his term (and unconfirmed return to the North Pole), departing Chairman Philip Miscimarra issued three pivotal, 3-2 decisions that will substantially benefit employers going forward in three areas: (1) employee handbooks; (2) joint employment; and (3) bargaining...

Kollman & Saucier

12/15/2017

Employment Discrimination

In the traditional sense, the “three Rs” charmingly stand for “reading, writing and arithmetic.” But retaliation, res judicata, and exhaustion of administrative remedies are the three Rs at the center of last week’s dismissals of three lawsuits involving the Boards of Education for Prince George’s, Montgomery, and Charles Counties in Maryland. In Smith v. Board of Education of Prince George’s County, the plaintiff, a teacher, was...

Kollman & Saucier

12/13/2017

State Law

Google “medical marijuana”, and you’ll likely find new headlines, stories, and issues just about each day. This is so after at least 29 states and the District of Columbia have legalized the drug for medicinal use. Of course, the possession and consumption of marijuana for any reason remains in violation of the federal Controlled Substances Act. The ensuing legal landscape makes it difficult for individuals and businesses to...

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Email Updates

Maryland Senate President: A “Women Only” Commission on Harassment. Really?

LGBTQ Protections and Best Practices Under Title VII

DOL Reissues Opinion Letters Rescinded in 2009

DOL Ends Six-Factor Intern Test; Adopts “Primary Beneficiary” Standard

Judge Strikes Down Contractor's "No Union Hires" Policy

Obesity and the ADA

Fourth Circuit Clarifies Standard For Retaliation Claims Under False Claims Act

Employers Receive Three Big Gifts From NLRB

Maryland Federal Court Dismisses Three Lawsuits Against County Boards of Education

Maryland’s Medical Cannabis Law: Does It Impact Your Workplace Drug Testing Policy?

Email Updates