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

Two New Wage & Hour Opinion Letters from DOL

Kollman & Saucier

01/12/2021

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...

Kollman & Saucier

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...

Kollman & Saucier

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...

Kollman & Saucier

11/10/2020

Employment Discrimination, Sexual Harassment

Last Friday, the U.S. District Court for the District of Maryland reminded us all about the importance of preventing workplace harassment and especially harassment by supervisors and managers. In Rosinbum v. Azar, No. TDC-19-3119 (Nov. 6, 2020), the Court found that a former FDA research fellow sufficiently alleged claims of discrimination, retaliation, and hostile work environment under Title VII. The bulk of the Court’s opinion recites...

Kollman & Saucier

11/04/2020

Independent Contractors, State Law

In a reversal of fortune for gig economy workers in California, voters in that state said ‘yes’ to Proposition 22, which classifies app-based transportation and delivery drivers as independent contractors. Proposition 22 was put on the ballot in response to a California law, AB5, which required gig companies like Uber and Lyft to treat drivers as employees and provide them protections like unemployment insurance, healthcare, breaks, and...

Kollman & Saucier

11/04/2020

Employment Discrimination

In Williams v. Housing Authority of Savannah, the 11th Circuit held that an employee failed to show that a Georgia Housing Agency acted discriminatorily when the employee failed to rebut the employer’s basis for her termination – she violated HAS rules by failing to maintain possession of her master keys and did not report that she never got them back. Monica Williams was an Assistant Asset Manager for the Housing Authority of Savannah...

Kollman & Saucier

09/30/2020

Agency Activity, Employment Discrimination

On September 3rd, the EEOC issued an opinion letter that reversed course on its authority under Section 707 of Title VII of the Civil Rights Act of 1964 to initiate discrimination actions against employers. The EEOC concluded it does not have the power to sue employers for discriminatory workplace practices without first complying with other procedural steps. The opinion letter answered two questions: 1) does a pattern or practice claim...

Kollman & Saucier

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...

Kollman & Saucier

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...

Kollman & Saucier

09/10/2020

Agency Activity, State Law, WARN

Earlier this week, I blogged about several employment laws scheduled to take effect October 1. Among them is HB1018/SB0780, which significantly changes the State’s Economic Stabilization Act, Maryland’s version of the federal Worker Adjustment and Retraining Notification (WARN) Act. For readers who are unfamiliar with the Economic Stabilization Act (the Act), it applies to businesses employing 50 or more individuals and doing business in...

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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

Maryland District Court Permits Claim Alleging Supervisor Harassment

California Voters Declare Gig Economy Drivers Are Independent Contractors

Lack Of Discriminatory Motive Dooms Employee’s Sex Discrimination Suit

EEOC Opinion Letter Presents New Interpretation Of Its Authority To Sue Employers For Systemic Discrimination

DOL Proposes New Independent Contractor Rule

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

Maryland’s Mini-WARN Act: Will You Be In Compliance?

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Author: Kollman & Saucier

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