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Employers Reminded to Avoid Unilateral Changes and Surveillance of Union Activity

Kollman, Saucier, & Jackson
02/15/2013
Labor Law
The Fourth Circuit, in an unpublished opinion, recently enforced a National Labor Relations Board decision, which concluded that a Maryland employer committed numerous unfair labor practices when it engaged in surveillance of union activities, unilaterally modified the terms and conditions of employment, and unlawfully terminated an employee.  The case, Pessoa Construction Company v. NLRB, Nos. 11-1688, 11-1776 (4th Cir. Jan. 25, 2013)...
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Maryland Court Dismisses ADAAA Claim Brought By Cop Who Can’t Run Fast

Kollman, Saucier, & Jackson
02/11/2013
Disability & Leave, Litigation, Public Sector Employment Law
A federal court in Maryland dismissed a disability discrimination lawsuit filed by a police officer trainee who needed more than 17 minutes to run a mile and a half. LaPier v. Prince Georges County, No. 8:10-cv-02851 (2/7/13).  Rejecting the officer’s requests for a permanent light duty assignment or modification of the police department’s fitness standards, the Court held  that it was not unreasonable to require police officers to be able to...
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NLRB Strikes Down Employer Rule Prohibiting External Communications

Kollman, Saucier, & Jackson
01/31/2013
Labor Law, Social Media
On January 25, 2013, the NLRB continued its assault on employer policies limiting employee communications. In its latest salvo, the Board struck down rules restricting communications with media representatives and law enforcement officials, as well as a prohibition on making external disclosures about the company, its customers, and its employees.  DirecTV U.S. DirecTV Holdings LLC, 359 NLRB No. 54 (2013). At issue in the case were four DirecTV...
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Employer Not Liable Under FMLA for Terminating Employee for Falsifying Reports

Kollman, Saucier, & Jackson
01/15/2013
Disability & Leave, Retaliation
A former FedEx mail courier sued the global delivery service company after being terminated for falsifying delivery records following her return from leave under the Family and Medical Leave Act.  Kimberly Laing, a twenty-one year employee, claimed FedEx terminated her in retaliation for taking FMLA leave and failed to restore her to an equivalent position after she came back.  The Fourth Circuit Court of Appeals unanimously affirmed summary...
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Employer Off The Hook For Not Accommodating Employee’s Religious Beliefs

Kollman, Saucier, & Jackson
01/11/2013
Reasonable Accommodations/Undue Burden, Religious Discrimination
The Fourth Circuit recently affirmed that a reasonable accommodation of an employee’s religious beliefs is not required if such accommodation would cause an undue hardship.  That is, an accommodation is not necessary if it would result in more than a de minimis cost to the employer.  EEOC v. Thompson Contracting, Grading, Paving, & Utils. Inc., No. 11-11897 (4th Cir.  Dec. 14, 2012) (unpublished). Banayah Yisrael worked for Thompson...
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Proposed Maryland Legislation Would Eliminate Non-Compete Obligations For The Unemployed!

Kollman, Saucier, & Jackson
12/31/2012
Employment Contracts, Legislative Developments, State Law, Unemployment Insurance
It may not be as ominous as the Fiscal Cliff, but Maryland employers should take heed: there is legislation proposed for the upcoming General Assembly session that would render inapplicable a valid non-competition agreement between an individual and his or her prior employer under certain circumstances.  Senate Bill 51, which would amend the Labor and Employment Article of the Maryland Annotated Code, provides that if any individual applies for and...
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NLRB Gives Organized Labor New Gifts for the Holidays

Kollman, Saucier, & Jackson
12/26/2012
Agency Activity, Labor Law, Social Media
Over the past several years, December holiday cheer has meant more than just Santa Claus climbing down the chimney to deliver presents in the homes of union supporters. It has also meant that it's time for the National Labor Relations Board (NLRB) to issue union-friendly decisions prior to the expiration of a Board member's term. 2012 has proved to be especially good one for organized labor. In a series of rulings coinciding with the end of Board...
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Rite Aid’s Full-Day Unpaid Leave Policy Valid under FLSA

Kollman, Saucier, & Jackson
12/20/2012
Litigation, Wage & Hour
Three former Rite Aid pharmacists filed a class action suit against the national retain drugstore chain, seeking overtime pay under state and federal laws.  The professionals contended that Rite Aid’s unpaid personal leave policy disqualified them from exempt status under the Fair Labor Standards Act (FLSA), and impermissibly reduced their salaries.  Maryland’s federal district court granted summary judgment for Rite Aid, finding that the...
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Revised FCRA Notices For The New Year

Kollman, Saucier, & Jackson
12/19/2012
Business Law
Beginning the first of the year, the Consumer Financial Protection Bureau (CFPB) will administer the Fair Credit Reporting Act (FCRA).  The FCRA governs substantive and procedural requirements for employers who use consumer reports and records for employment purposes, among other things. In anticipation of this change, the CFPB issued an interim final rule in December 2011, which includes a variety of model forms.  As a practical matter, these...
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Be Prepared For Various State Minimum Wage Increases Effective January 1, 2013

Kollman, Saucier, & Jackson
12/18/2012
State Law, Wage & Hour
Companies with operations in multiple states will want to take note of the minimum hourly wage increases that are being implemented on January 1, 2013 in various states: Arizona is increasing its minimum hourly wage from $7.65 to $7.80.  The minimum wage for tipped employees increases from $4.65 to $4.80. Colorado will increase its minimum wage from $7.64 to $7.78.  Minimum wage for tipped employees will go from $4.62 to $4.76. Florida is...
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