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Employer Lawfully Fired Employee for Making Harassment Claim

Sex, lies, but no videotape.  A Virginia restaurant was faced with this juicy but difficult harassment investigation involving several current and former employees.  After sorting out the sordid claims, the Fourth Circuit Court of Appeals held that employers who honestly believe, after investigation, that employees have made false harassment complaints are permitted to use their business judgment […]

Fourth Circuit Affirms Finding that Coal Mine Failed to Accommodate Fears of “Mark of the Beast”

The balance between individual religious beliefs and technology in the workforce can be a tricky one to strike.  The Fourth Circuit recently addressed potential ramifications of failing to strike that balance appropriately in its decision in EEOC v. Consol Energy, Inc. No. 16-1406 (4th Cir. June 12, 2017). Beverly Butcher worked as a coal miner […]

Appellate Court Rules Employee Can Sue City of Alexandria as Joint Employer Under FMLA

It is no secret that businesses today are increasingly outsourcing human resources functions in an effort to cut costs.  But absent careful planning, the outsourcing employer may still bear legal liability for workplace discrimination issues.  Here’s what the Fourth Circuit had to say about the subject in a case decided this week.  Quintana v. City […]

Maryland Sick Leave Bill Has Died, For Now

We reported two months ago here that Maryland’s General Assembly had passed veto-proof sick leave legislation, the Healthy Working Families Act, which would have guaranteed sick leave to most employees working in Maryland. Governor Hogan, however, vetoed that bill calling the bill “deeply flawed” and “job-killing.”  That done, Governor Hogan made clear he favors a […]

2017 Rankings Again Place K&S Among Top Maryland Firms

The 2017 edition of Chambers USA: America’s Leading Lawyers for Business has once again ranked Kollman & Saucier as a leader in the field of Labor and Employment law.  Chambers ranks the top firms and lawyers across the country in a variety of practice areas based on attorney and client interviews and its own database […]

Updated Guidance For The Fiduciary Rule

On May 22, 2017, the Department of Labor issued updated guidance for the fiduciary rule.  You will remember that the fiduciary rule imposes certain obligations on investment advisors, and deems them fiduciaries towards their customers. The rule goes into effect on June 9, 2017, with a transition period until January 1, 2018.  At that time, […]

NLRB Upholds Discharge of Disruptive Union Activist

A recent decision issued by the National Labor Relations Board demonstrates that sometimes an employee can go too far, and that termination is a proper remedy for improper conduct.  BHC Northwest Psychiatric Hospital, LLC; cases nos. 04-CA-164465, 04-CA-174166, May 15, 2017. BHC operates an in-patient facility that provides mental health services.  The charging party was […]

Mechanic’s Harassment Claim Revived By Tenth Circuit

Shane Jones was a mechanic for Needham Trucking, LLC (Needham) for approximately seven months in 2014.  Jones alleged that Needham fired him because he refused to have sex with his direct supervisor, who was also a shareholder of the Company.  Jones v. Needham, No. 16-6156 (10th Cir. May 12, 2017). In filings with the EEOC, […]