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

Governor Hogan Offers "The Paid Leave Compromise Act of 2018" - Now What?

Kollman & Saucier

12/01/2017

Legislative Developments, Maryland Healthy Working Families Act, Paid Leave, State Law

Six months ago, we reported that the alleged veto-proof Healthy Working Families Act (HWFA) was vetoed by Governor Hogan. At that time, Governor Hogan called the bill "deeply flawed" and "job-killing." He then created a task force to study paid sick leave plans and submit a report so that his administration could submit emergency legislation to replace the killed bill when the General Assembly reconvenes in January 2018. We now have that...

Kollman & Saucier

11/29/2017

Hostile Work Environment, Sexual Harassment

I do not think a day has passed since Harvey Weinstein's ouster that we don't learn about a new public figure-newscaster-actor-politician-other notable name who has been accused of sexual harassment (or similar behavior) and lost his job. Today, I woke to news of Matt Lauer's termination from NBC. A few moments ago I received an email advising that Garrison Keillor has been accused of inappropriate behavior and that Minnesota Public Radio will be...

Kollman & Saucier

11/21/2017

Labor Law, Legislative Developments

One of the most pressing issues for employers and contractors is the joint employer doctrine. This doctrine allows the NLRB and other agencies to consider one business the employer of another business’ employee if it had indirect or potential control over the second business’ employees. What is indirect or potential control, you ask? Therein lies the problem. While the NLRB decision that expanded this doctrine to its current state is still...

Kollman & Saucier

11/16/2017

Labor Law, Legal Developments, Legislative Developments, Wage & Hour

At least two employment-related bills have been introduced in Congress in recent days. The first, H.R. 4219, dubbed the Workflex in the 21st Century Act, would amend the Employee Retirement Income Security Act of 1974 to include an option for qualified flexible workplace arrangements. Under the legislation in its current form, employers would voluntarily offer employees at least a guaranteed minimum level of paid leave. The amount of leave...

Kollman & Saucier

11/13/2017

State Law, Wage & Hour

The Montgomery County Council voted last week to increase its minimum wage to $15 per hour by 2021 for employers with more than 50 employees. Under Bill 28-17, beginning July 1, 2022, and each July 1 thereafter, the County minimum wage rate will be increased by the annual average increase, if any, in the Consumer Price Index for Urban Wage Earners and Clerical Workers (CPI-W) for the previous calendar year in the Washington-Baltimore area. The...

Clifford Geiger

11/12/2017

Disability & Leave

A federal court in West Virginia recently held that an employer is not required to grant an indefinite leave of absence as an accommodation under a state disability discrimination law. Davis v. Universal Cable Holdings, Inc., Civil Action No. 2:16-cv-06526, 2017 U.S. Dist. LEXIS 183881 (S.D. W. Va. Nov. 6, 2017). The case involved Ronald Davis, who worked as a Broad Band Technician for Universal Cable Holdings, Inc. (“Universal Holdings). His...

Clifford Geiger

11/08/2017

Employment Discrimination, Religious Discrimination

How does an employer comply with a statutory requirement that an employee says conflicts with a sincerely held religious belief? This issue has come up when an employee is fired after refusing to produce a social security number for religious reasons. Courts considering religious discrimination claims in this context have uniformly held that Title VII of the Civil Rights Act (“Title VII”) does not require an employer to accommodate an...

Kollman & Saucier

11/03/2017

Sexual Harassment

Over the past few weeks, we have seen, heard and read alot about allegations of sexual harassment against Harvey Weinstein, Kevin Spacey, Mark Halperin, and a number of other high-profile media and entertainment personalities. In most of these cases, the allegations involve claims of non-consensual sexual contact, sometimes even rising to the level of rape. With each day, it seems that more accusers surface, and a Twitter hashtag ("#MeToo")...

Kollman & Saucier

11/01/2017

Agency Activity, Wage & Hour

In a move that surprised many observers, on October 30, 2017, the United States Department of Labor appealed a federal judge's August ruling striking down the Obama-era overtime regulations. In a statement issued by the DOL, the agency explained that it will also file a motion to freeze the appeal while it undertakes further rule making on what the appropriate salary level for exempt status should be. Here's a quick recap on how we got to this...

Darrell VanDeusen

10/26/2017

Arbitration, FMLA

The question of whether and when an employer can compel an employee who is suing it to arbitrate her case rather than proceed in court depends upon the terms of the agreement between the parties. In Mason v. Athletic & Therapeutic Inst. of Naperville, 2017 U.S. Dist. LEXIS 173046 (S.D. Ind. Oct. 19, 2017), a federal district court told the former employee of an Indiana sports therapy clinic that arbitration is the proper forum for her...

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Email Updates

Governor Hogan Offers "The Paid Leave Compromise Act of 2018" - Now What?

Sexual Harassment, Holiday Parties, Handbooks, and other End-of-Year Musings

House Passes Legislation Narrowing Joint Employer Doctrine

Two Employment Related Measures Under Consideration By Congress

Montgomery County Will Increase Minimum Wage To $15 Per Hour

Employer Need Not Grant Indefinite Leave of Absence As An Accommodation

Mark of the Beast

Sexual Harassment: A Few Words of Advice in the Wake of Weinstein, Spacey, and the Media Frenzy

Labor Department Seeks Appeal and Stay of Overtime Ruling

Court Orders Arbitration in FMLA Termination Case

Email Updates