Court Dismisses Grumpy Hospital Clerk's Claim of Age Discrimination

Kollman, Saucier, & Jackson
03/13/2018
On March 12, 2018, a Virginia federal court dismissed a claim of age discrimination brought by a 54 year old woman who had worked for Norton Community Hospital as an admissions clerk for nearly 23 years.  In Moore v. Mountain States Health Alliance, et. al., No. 2:16CV00014 (W.D. Va. 2018), Judge James Jones granted summary judgment to the employer, reasoning that the undisputed facts showed that the plaintiff could not prove that she was meeting...
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Appeals Court Rules Sexual Orientation Discrimination Prohibited By Title VII

Kollman, Saucier, & Jackson
02/28/2018
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...
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K & S Model Maryland Healthy Working Families Act (MHWFA) Notice

Kollman, Saucier, & Jackson
02/14/2018
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...
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Maryland’s Sick and Safe Leave Law – When Bad Legislation Is Good Enough

Kollman, Saucier, & Jackson
02/12/2018
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...
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Maryland DLLR Issues Sample Notice For Earned Sick And Safe Leave

Kollman, Saucier, & Jackson
02/11/2018
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...
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Maryland Healthy Working Families Act: FAQ For Employers

Kollman, Saucier, & Jackson
02/09/2018
Earlier this year, our firm wrote about Maryland's Healthy Working Families Act, set to take effect February 11, 2018.  We have spent a good part of this past week  advising clients  working to quickly review and revise leave policies to bring them into compliance with the Act.  Here you will find answers to some of the most frequently asked questions surrounding the new sick leave requirements. Do I Have to Offer Paid Sick Leave? Employers...
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Yet Another Example of the Importance of Documenting Performance Issues

Kollman, Saucier, & Jackson
02/06/2018
A case decided this past week in the United State District Court for the District of Maryland highlights the importance of documenting an employee’s (non-discriminatory) performance issues at the time they occur. Ward v. Columbia Bank, No. CCBC-16-3606 (D. Md. 2/2/18).  Plaintiff Ward began working for Columbia Bank in 1999, and was promoted to branch manager five years later.  In 2012, her branch’s overall performance began to decline. ...
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Drug Testing Company Can't Be Drug Into Discrimination Dispute

Kollman, Saucier, & Jackson
02/01/2018
The EEOC has taken to suing employers who screen out disabled workers through medical inquiries or exams.  Since September 2017, it has filed seven such suits.  In one of those cases, EEOC v. M.G. Oil Co., No. 4:16-CV-04131 (D.S.D. Jan. 25, 2018), the EEOC filed an action against M.G. Oil, on behalf of Kim Mullaney, after Happy Jack's Casino (owned by M.G. Oil) rescinded her job offer. In the post-offer stage, Ms. Mullaney tested positively for...
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Financial Firms Revisiting Approach to Restrictive Covenants

Kollman, Saucier, & Jackson
01/26/2018
Many business owners utilize some forms of restrictive covenants when hiring employees.  Whether it is to protect trade secrets or customer lists, or to ensure that sensitive information remains confidential, employees routinely execute agreements barring them from competing with their former employer, soliciting their former employer’s clients, or taking certain information with them when they leave. While the enforcement of these covenants...
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Fourth Circuit Revives Live-in Innkeepers FLSA Claims

Kollman, Saucier, & Jackson
01/26/2018
A recent case decided this week by the United States Court of Appeals for the Fourth Circuit, Balbed v Eden Park Guest House, et al., sheds some light on the somewhat confusing FLSA analysis that comes into play when an employer provides an employee on-site lodging and other benefits. At its most basic level, the FLSA requires an employer to pay an employee a minimum wage rate based on the number of hours an employee works and the remuneration...
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