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

Algorithm Based Discrimination Lawsuit Against Workday Is Dismissed…For Now

Kollman & Saucier

01/25/2024

ADA, Age Discrimination, Employment Discrimination, Hiring Process

Workday recently survived a complaint by a job applicant who claimed Workday’s algorithm screening tools “discriminated against him and other similarly situated job applicants on the basis of race, age, and disability.” Initially, Plaintiff Derek Mobley filed a charge of discrimination with the Equal Employment Opportunity Commission. Thereafter, the EEOC issued a dismissal and right to sue letter, permitting Mobley to file suit in federal...

Kollman & Saucier

01/23/2024

Employment Discrimination, Labor Law, NLRB

Charlie Baker’s tenure as NCAA President, being the first person to hold the office without first serving as an athletic director or college president, was always certain to bring a big shakeup to the college sports landscape. But change may be closer than many expected. The NCAA’s Division I (DI) Board of Directors assigned a recent revolutionary proposal, written by Baker, to the DI Council for evaluation. Although a small step in the NCAA’s...

Kollman & Saucier

01/22/2024

Employment Discrimination, First Amendment Protections, Hostile Work Environment, Race Discrimination, Retaliation

Diversity, equity, and inclusion (DEI) initiatives have grown more prevalent in recent years (yes, this is stating the obvious). These efforts have their detractors. A Google search of DEI will reveal sample DEI initiatives, anti-racism trainings, and the efforts some have taken to criticize and stop such efforts. Penn State University’s Abington campus, for example, is being sued by a former faculty member who alleges that he was subjected...

Kollman & Saucier

01/18/2024

Hiring Process, Pay Transparency, Wage & Hour

The District of Columbia’s Wage Transparency Act has been around for nearly a decade. The District recently expanded the Act through D.C. Act 25-367 to broaden employer pay transparency obligations. The Mayor signed the law on January 12, 2024, and it will be effective June 30, 2024 if it survives congressional review. The amendments require covered employers to provide a position’s wage range in all job listings and position descriptions,...

Kollman & Saucier

01/12/2024

Labor Law, NLRB

Section 8(a)(1) of the National Labor Relations Act (the “Act”) makes it an unfair labor practice for an employer "to interfere with, restrain, or coerce employees in the exercise of the rights guaranteed in Section 7" of the Act. Section 7 guarantees employees the right to engage in concerted activities for the purpose of collective bargaining or other mutual aid or protection, which would include employees working together to seek higher...

Kollman & Saucier

12/18/2023

Labor Law, NLRB

To call Starbucks’ relationship with Starbucks Workers United union (Workers United) strained is an understatement. The relationship began in December 2021 when Workers United’s campaign in Buffalo, NY resulted in the first unionized Starbucks store. Since then, workers at over 400 Starbucks stores have voted to unionize nationally, many represented by Workers United. Hundreds of unfair labor practice charges have also been filed on both...

Kollman & Saucier

12/16/2023

Maryland Law, Wage & Hour

Get ready to pay your employees more! On January 1, 2024, minimum wage in Maryland is set to increase to $15.00 per hour for all employers. This is a fairly substantial increase as it is effectively two years of increases at once. The 2023 minimum wage rate for large employers (15 or more employees) is $13.25 per hour and for small employers it is $12.80 per hour. This is the last of four years of gradual increases that began in 2019. The...

Kollman & Saucier

11/20/2023

Agency Activity, Labor Law, NLRB, Union Activity

The National Labor Relations Board (NLRB) has taken two affirmative steps to cement the Cemex doctrine into current labor law. First, the NLRB Office of General Counsel, headed by Jennifer A. Abruzzo, issued Memorandum GC 24-01, Guidance in Response to Inquiries about the Board’s Decision in Cemex Construction Materials Pacific LLC. Abruzzo stated in the guidance that “the Cemex Board took issue with the prior focus on the potential impact...

Kollman & Saucier

11/16/2023

Joint Employer, Labor Law, NLRB

In September 2022, the National Labor Relations Board (NLRB) proposed a new rule to determine joint-employer status. The new rule, adopted in October 2023, will take effect on December 26, 2023, and be applied prospectively.[1] One of the more controversial aspects of the new rule is that it removes the requirement that a putative employer actually exercise control over those essential terms and conditions of employment.[2] In fact, an employer...

Kollman & Saucier

11/04/2023

Independent Contractors, Wage & Hour

A few claims have come across my desk lately that boil down to one issue: misclassified independent contractors. In each case, the employer has classified a worker as an independent contractor but the realities of the relationship show the worker should have actually been classified (and paid) as an employee. The result is a claim of unpaid wages and/or overtime. The issue often arises after a seemingly happy worker leaves the business or...

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Algorithm Based Discrimination Lawsuit Against Workday Is Dismissed…For Now

Big Changes on the Horizon for College Sports?

Penn State Faces Harassment Claims Based On Anti-Racism Initiatives

D.C. Expands Wage Transparency Law

Accidental Disclosure of Salary Information Leads to Unfair Labor Practice

Starbucks Forgot To Engage In Effects/Impact Bargaining, Now The NLRB Wants It To Reopen Stores

Maryland Minimum Wage Is Set To Rise To $15.00 Per Hour On January 1, 2024

Is The Cemex Doctrine Is Here to Stay?

Joint-Employer Rule Faces Early Legal Hurdle

The Independent Contractor Conundrum: Make Sure Your Workers Are Classified Correctly

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Author: Kollman & Saucier

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