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NLRB General Counsel Offers Input on Practical Effects of Noel Canning

Kollman & Saucier
07/11/2014
Agency Activity, Supreme Court Decisions
As discussed recently, the Supreme Court’s decision in NLRB v. Noel Canning is expected to have significant ramifications for the NLRB (the “Board”) and the parties who previously appeared before the Board in 2012 and the first half of 2013, when the unconstitutional recess appointments of Members Block, Flynn and Griffin continued to leave the NLRB without a quorum.  Richard Griffin, one of the three recess appointees who was since confirmed...
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Supreme Court Will Decide What Accommodations Employers Must Make for Pregnant Employees

Kollman & Saucier
07/09/2014
Disability & Leave, Pregnancy Discrimination, Supreme Court Decisions
Until recently, the United Parcel Service (UPS) utilized the well-known slogan, “What can brown do for you?” After deciding last Monday to hear Young v. UPS during its next term, the Supreme Court will be faced with the question of “what brown must do” for its pregnant employees under federal law. (The Fourth Circuit’s decision and the briefs filed in the case (to date) can be found here.) In Young, the plaintiff, Peggy Young, was covered...
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Hooters “Don’t Disrespect Patrons” Rule Violates NLRA

Kollman & Saucier
05/23/2014
Agency Activity, Labor Law, Social Media
A NLRB ALJ has ruled that a Hooters Handbook’s Code of Conduct that listed a variety of “don’ts” – including “don’t disrespect patrons” – violates employee rights under the National Labor Relations Act. Hoot Winc, LLC, NLRB ALJ No. 31-CA-104872 (May 19, 2014). Yes, you read that right. There’s no question that the current NLRB is more employee friendly than it has been in a long time. There are a number of recent decisions from...
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Maryland Governor O’Malley Signs Transgender Protection Bill into Law

Kollman & Saucier
05/22/2014
Legislative Developments, State Law
On Thursday, May 15, 2014, Governor O’Malley signed into law the “Fairness for All Marylanders Act of 2014,” adding gender identity and expression to the list of protected classifications under Maryland law. Maryland joins 17 other states, the District of Columbia, and Puerto Rico in providing this protection. The law takes effect on October 1, 2014 and prohibits discrimination in employment, housing and public accommodation. Enforcement will...
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The Use of Unpaid Interns: Is It Worth the Risk?

Kollman & Saucier
05/19/2014
Business Law
It’s nearly summer time again, and that means a whole lot of high school and college students are looking for something to do. Since the economy hit the skids in late 2008, one popular option has been the “unpaid internship.” What better way to get some experience if you are a struggling student? Well, getting paid would be a start. Private employers who want to create a summer intern program run a high risk of doing it wrong. There are more...
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Fourth Circuit: Only Whistleblowing Claims Are Subject to Dodd-Frank Act’s Arbitration Carve-Out

Kollman & Saucier
05/09/2014
Arbitration
To arbitrate or not to arbitrate – that was the question the Fourth Circuit faced in Santoro v. Accenture Federal Services, LLC, a recent employment discrimination case involving statutory interpretation of the Dodd-Frank Act. No. 12-2561 (4th Cir. May 5, 2014). Because the plaintiff did not bring a whistleblower claim, the Court concluded, “to arbitrate” carried the day. The facts underlying Dr. Armond Santoro’s claims are relatively...
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City Not Required to Accommodate Employee’s Financial Stresses Under the ADA

Kollman & Saucier
05/07/2014
Disability & Leave, FMLA, Pregnancy Discrimination
An employee’s potential increased day-care costs are not a pregnancy-related condition requiring accommodation under the Americans with Disabilities Act, according to a federal district judge in Minnesota.  As a result, a city police department was not required to accommodate a request by a pregnant employee for a swapped time-shift.  McCarty v. City of Eagan, No. 0:12-cv-02512 (D. Minn. Apr. 28, 2014). Brea McCarty worked her way up to the...
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Baltimore City Council Passes "Ban the Box" Law

Kollman & Saucier
04/29/2014
Legislative Developments, State Law
The “Ban the Box” ordinance passed by the Baltimore City Council (over the vehement protests of  the City's business community)  on Monday, April 28 (“the Bill”) is expected to be signed into law by Mayor Stephanie Rawlings-Blake.  The Bill will become effective 90 days after it is signed by the Mayor and will affect the hiring practices of many employers.  If enacted, Baltimore City will join about 60 other localities nationwide with...
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Breaking News - Gender Identity Protection Likely in Maryland

Kollman & Saucier
03/29/2014
Legislative Developments, State Law
On March 27, the Maryland House of Delegates, 82-57, passed a bill banning discrimination on the basis of gender identity. The same bill passed the state Senate earlier this month, 32-15. Governor O’Malley has stated he will sign it into law. Once signed, it is likely the law will take effect October 1, 2014. Maryland will join 17 other states and D.C. in adding Gender Identity as a protected class to anti-discrimination laws. Senate Bill 212 is...
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Supreme Court Hears ACA Contraceptive Mandate Cases

Kollman & Saucier
03/26/2014
Affordable Care Act, Supreme Court Decisions
On March 25, the Supreme Court heard oral argument on the validity of the women’s preventive services mandate under the Affordable Care Act (ACA) in two companion cases, Sebelius v. Hobby Lobby Stores, Inc., 2013 U.S. LEXIS 8418, granting cert. from 723 F.3d 1114 (10th Cir. 2013), and Conestoga Wood Specialties Corp. v. Sebelius, 2013 U.S. LEXIS 8419 granting cert. from 724 F.3d 377 (3d Cir. 2013). Also known as the “contraception mandate,”...
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