Darrell VanDeusen, Author at Kollman & Saucier P.A.

“Gotcha Moment” Backfires on Lawyer

Darrell VanDeusen

03/10/2021

I watched Perry Mason (played by Raymond Burr from 1957 to 1966) as a kid. More about why that’s relevant in a bit. If you have watched any TV courtroom drama – Matlock (played by Andy Griffith from 1986-1995) works if you were too young to watch Perry Mason – you know the drill: the defense attorney represents falsely accused people and he manages to prove that by drawing out the real criminal on the witness stand, usually...

Darrell VanDeusen

03/08/2021

Disability & Leave

The Americans with Disabilities Act (ADA) is most frequently associated with protecting individuals with actual disabilities and requiring employers to make reasonable accommodations (that are not undue hardships) to enable those individuals to perform the essential functions of their jobs. What is sometimes overlooked (or possibly forgotten) is that the requirement of an “actual” disability is only one leg of the ADA triangle:...

Darrell VanDeusen

01/13/2021

Public Sector Employment Law

That pesky old First Amendment “freedom of speech thing” has been in the news a lot lately. The issue of whether a public employee’s speech is protected has Supreme Court underpinnings. In Pickering v. Bd. of Ed. of Twp. High Sch. Dist., 391 U.S. 563 (1968) the Court created a balancing test that looks to whether an employee (1) spoke on a matter of public concern; (2) spoke as a private citizen rather than a public employee; and (3)...

Darrell VanDeusen

01/12/2021

Agency Activity, Wage & Hour

In the final weeks of the Trump administration, the Department of Labor has been busy putting out guidance on wage and hour matters. Let’s put aside last week’s Final Rule on independent contractors, issued January 6, 2021. That rule is expected to face substantial challenge in court, so while it is an interesting change in approach by the DOL, all should recognize the uncertainty of its lasting effect. Please turn instead to two Wage...

Darrell VanDeusen

11/27/2020

Labor Law

Unless you have been off the planet for the last four years, you’ve likely heard of The Federalist, the conservative online magazine “focused on culture, politics, and religion that publishes commentary on a wide variety of contemporary newsworthy and controversial topics.” It’s a part of FDRLST Media, LLC, which also has websites, electronic newsletters and satellite radio shows. The publisher of The Federalist is Ben Domenech. As...

Darrell VanDeusen

11/25/2020

Employment Discrimination

One of my first cases as a baby lawyer was a sex harassment lawsuit brought by a former employee who waited over six years for a decision from the EEOC and Maryland Commission on Civil Rights (which did eventually dismiss the charge). She got her notice of right to sue and, with the help of very able counsel, filed her lawsuit. No one (still alive) recalled her complaining or supported her claim, but she testified that she had raised her...

Darrell VanDeusen

09/22/2020

Agency Activity, Independent Contractors

The U.S. Department of Labor (DOL) announced on September 21, 2020 a notice of proposed rulemaking (NPRM) that re-defines “employee” under the Fair Labor Standards Act (FLSA) as it relates to independent contractors. https://www.dol.gov/agencies/whd/flsa/2020-independent-contractor-nprm. The NPRM is available for review and public comment for 30 days after it is published in the Federal Register. The issue of who qualifies as...

Darrell VanDeusen

09/21/2020

Agency Activity, Employment Discrimination

Those of us who deal with the Equal Employment Opportunity Commission on a regular basis sometimes lose track of the fact that it, like the folks we represent as management attorneys, is an employer too. And, it is subject to many of the same anti-discrimination and anti-retaliation legal requirements as the employers it investigates. A recent decision from the D.C. Circuit shows that even the EEOC is sometimes required to explain its actions...

Darrell VanDeusen

07/24/2020

Uncategorized

My last blog focused on the NLRB’s July 21, 2020 decision in General Motors LLC, N.L.R.B., 369 NLRB No. 127 (7/21/20), returning to the Wright Line test when an employee uses profane language in the workplace and the resulting discipline that should occur. In overturning a number of prior decisions, NLRB Chair John Ring said: “the Board has protected employees who engage in obscene, racist, and sexually harassing speech not tolerated in almost...

Darrell VanDeusen

07/22/2020

Labor Law

One of the first cases I worked on as a baby lawyer involved a guy who was fired for cussing out his supervisor. The employee’s union claimed that it was really because of his protected union activity; he was simply disagreeing with his boss. Colorfully. Very colorfully. I was tasked to figure out whether the company should rescind the termination. The answer was no: the “Wright Line” test (based on the NLRB’s decision in Wright...

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Email Updates

“Gotcha Moment” Backfires on Lawyer

Police Applicant’s “Regarded As” Disability Claim Gets A Second Chance

First Amendment Protections Mean Officer’s Claim Proceeds

Two New Wage & Hour Opinion Letters from DOL

NLRB: “Salt Mine” for Employees Means ULP for Employer

Court Rejects Laches Claim Due to EEOC’s Delay

DOL Proposes New Independent Contractor Rule

In Its Own Backyard: EEOC Must Confront Discrimination Lawsuit by Former Attorney

Oh Please, Please, Cut it Out.

Wright Line is Baaaaaaaack. No More Cussin’ Folks.

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Author: Darrell VanDeusen

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