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Heads Up: New Maryland Employment Laws Take Effect October 1

Kollman & Saucier
09/08/2020
Legislative Developments, State Law
I hope everyone had an enjoyable and safe Labor Day weekend.  For many of us, it’s back to work.  And on that note, here is a rundown of several Maryland labor and employment laws set to go into effect October 1. Wage and Salary History Inquiries -- Employers will soon be prohibited from seeking an applicant’s wage history through an employee or agent or from a current or former employee, or relying on wage history, when screening or...
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Hostile Work Environment Claims Not Barred By Ministerial Exemption

Kollman & Saucier
09/03/2020
Disability & Leave, Employment Discrimination, Religious Discrimination
On August 31st, the Seventh Circuit Court of Appeals ruled  a minister’s hostile work environment discrimination claim is not barred by Title VII's ministerial exemption.  The court's 2-1 decision in Demkovich v. St. Andrew the Apostle Parish joined the Ninth Circuit in finding that a hostile work environment is not a permissible means of exerting constitutionally protected control over a ministerial employee.  In 2012, St. Andrew...
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Oh Please, Please, Cut it Out.

Kollman & Saucier
07/24/2020
Uncategorized
My last blog focused on the NLRB’s July 21, 2020 decision in General Motors LLC, N.L.R.B., 369 NLRB No. 127 (7/21/20), returning to the Wright Line test when an employee uses profane language in the workplace and the resulting discipline that should occur.  In overturning a number of prior decisions, NLRB Chair John Ring said: “the Board has protected employees who engage in obscene, racist, and sexually harassing speech not tolerated in almost...
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Wright Line is Baaaaaaaack. No More Cussin’ Folks.

Kollman & Saucier
07/22/2020
Labor Law
One of the first cases I worked on as a baby lawyer involved a guy who was fired for cussing out his supervisor.  The employee’s union claimed that it was really because of his protected union activity; he was simply disagreeing with his boss.  Colorfully.  Very colorfully.  I was tasked to figure out whether the company should rescind the termination.  The answer was no:  the “Wright Line” test (based on the NLRB’s decision in Wright...
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New FMLA Regs on Tap? Oh, and NEW Forms Are Here

Kollman & Saucier
07/21/2020
FMLA
The U.S. Department of Labor published a request for information on July 16, 2020, seeking comments on possible revisions to the DOL’s FMLA regulations.   If you are an employer interested in submitting comments to the DOL, we can help you do that.  Just let us know.  Submissions are due on or before September 15, 2020. The notice states that “the Department seeks input from employers and employees on the current FMLA...
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Supreme Court Rules “Ministerial Exception” Applies to Catholic School Teachers In Discrimination Cases

Kollman & Saucier
07/09/2020
Employment Discrimination
On July 8th, the Supreme Court ruled that employment discrimination laws do not apply to teachers at schools run by religious institutions.  The Court's 7-2 decision in  Our Lady of Guadalupe School  was a combination of two cases brought by teachers in Catholic schools in California – Our Lady of Guadalupe School v. Morrissey-Berru and St. James School v. Darryl Biel (as personal representative of the estate of Kristen...
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OSHA Publishes Faqs For Workplace Safety During Covid-19 Pandemic

Kollman & Saucier
07/07/2020
COVID-19, Workplace Safety
Before the July 4th weekend, the Department of Labor’s (DOL) Occupational Safety and Health Administration (OSHA) published frequently asked questions  and answers about best practices for preventing the spread of COVID-19 in the workplace.  The FAQs cover topics from cleaning and disinfecting to personal protective equipment.  The answers include links to relevant OSHA publications like OSHA’s Guidance on Returning to Work and an OSHA Alert...
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Sweeping Changes to Virginia Employment Law Set to Take Effect July 1st

Kollman & Saucier
06/17/2020
Virginia Employment Law
This most recent General Assembly session saw a dramatic shift in the employment law landscape in Virginia. Through a number of new bills, Virginia has transitioned from a very “employer friendly” state to one that is significantly more “employee friendly.”  With the exception of the public sector collective bargaining law, the legislation will go into effect on July 1, 2020. Below is a summary of the most significant...
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Supreme Court Rules That Gay and Transgender Employees Are Protected Under Title VII

Kollman & Saucier
06/16/2020
Employment Discrimination, Same-Sex Marriage, Sex Discrimination, Supreme Court Decisions
In a landmark 6-3 decision, the Supreme Court ruled on Monday that Title VII protections extend to gay and transgender employees. The Bostock case was a consolidation of three cases wherein an employee was terminated for being homosexual or transgender. Gerald Bostock was fired shortly after joining a gay recreational softball league. Donald Zarda was terminated shortly after he announced being gay. Aimee Stephens was fired after informing her...
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4th Circuit Holds That IBM Can’t Have Their Cake and Eat It Too

Kollman & Saucier
06/08/2020
Virginia Employment Law, Wage & Hour
Justin Fessler, a sales information specialist, brought suit in Alexandria, Virginia against IBM for allegedly capping his sales commission on several large transactions. Fessler claimed that IBM represented to him orally, through PowerPoint presentations, and in practice, that his sales would not be capped.   In Fessler v. IBM, the United States Court of Appeals for the Fourth Circuit reversed a lower court’s decision granting IBM’s...
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