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

WORKERS COMPENSATION DEATH BENEFITS PROTECT EMPLOYERS FROM LAWSUITS BY ANYBODY

Peter Saucier

05/17/2024

Workers compensation falls on the debit side when an employer prepares a budget and plans staffing of the workforce. With good cause, employers lament the costs of workers compensation insurance and the negative effect of having workers being paid for someone not working. Still, there are some upsides for employers under the workers compensation scheme. A good, recent example was detailed this past year by the Appellate Court of Maryland. ...

Peter Saucier

09/01/2023

Maryland Law, Whistleblowers

A Radiation Therapist in the Oncology treatment operation at Mercy Hospital violated rules requiring that she obtain signed patient waivers at the same time that her overall performance was unsatisfactory. Supervising physicians and co-workers cataloged a number of the Therapist’s short-fallings. A key supervising physician described to investigators at Mercy incidents of “poor job performance and altercations with co-workers.” Romeka v....

Peter Saucier

06/01/2023

Supreme Court Decisions, Union Activity

Decades ago, the Supreme Court interpreted the National Labor Relations Act to afford unions and strikers special immunity from state court liability for damages resulting from a strike. Named after a 1959 Supreme Court decision, that so-called Garmon exemption doctrine, in the words of the Supreme Court, “tells us not just what law applies (federal law, not state law) but who applies it (the National Labor Relations Board, not the state courts or...

Peter Saucier

04/05/2023

Agency Activity, Employment Discrimination

Every person who claims to be discriminated against by an employer has the right to have that charge examined by the Maryland Commission for Civil Rights (MCCR). The claims of charging parties are fully investigated by the MCCR, including procedures to obtain documents, data and testimony. That process includes an appeal within the MCCR, and the right to seek further review in the Maryland Circuit Court system. Employers confronted with charges...

Peter Saucier

02/17/2023

Public Sector Employment Law

Public school budgets are intricate, often byzantine, documents. Governing bodies of educational institutions are charged by law to budget salaries and compensation for all employees. When employees are represented by a collective bargaining representative a negotiated agreement about wages can be calculated and factored into the budget equation. Employers can handle that with relative dispatch. Many public sector employers enter into...

Peter Saucier

02/01/2023

Arbitration

A bright national spotlight is focused upon the workplace behavior of First Responders. Each community, and its dedicated fire and police employees, knows to be alert and sensitive to the social reactions that flow from their conduct. Sometimes, unions and independent arbitrators throw a wrench into the machinery of exercising good judgment and requiring accountability essential to maintaining good order. A recent example recently arose in...

Peter Saucier

01/24/2023

Supreme Court Decisions, Union Activity

Industrial concrete, once prepared, must be poured and set promptly. Glacier Concrete, a mid-sized company in Washington state, sends mixer trucks filled with concrete to jobsites every day. In 2017, some 13 mixer trucks filled with concrete were on the road when the Teamsters Union called a strike among the drivers of Glacier Concrete. Many of the mixer truck drivers returned their trucks to the company yard, filled with wet concrete, and walked...

Peter Saucier

06/05/2015

Agency Activity, Labor Law

One thing about which unions and employers ordinarily agree is that it is the right and obligation of management to manage. Employers want to manage and unions want to retain the right to claim that the employer did not manage when it should have done so. That makes a recent decision by the NLRB to issue a complaint against a hospital interesting. Armstrong County Memorial Hospital, No. 6-CA-144586, complaint issued 5/27/15. In 2014, licensed...

Peter Saucier

06/03/2015

Employment Discrimination, Religious Discrimination, Supreme Court Decisions

Abercrombie & Fitch maintains a dress code for employees known as its Look Policy. Headwear is not allowed under the policy because it is “too informal for Abercrombie’s desired image.” Samantha Elauf, a practicing Muslim who wears a headscarf, interviewed for an available position for which she was found to be qualified. Still, Elauf was not hired because the District Manager, who was told by another manager that she thought Elauf’s...

Peter Saucier

08/30/2013

Agency Activity, Disability & Leave

For years Americans have strived to protect individuals with disabilities and veterans from discrimination. If you can do the job, and do it well, you ought not be disadvantaged by a physical or mental impairment that does not interfere with your ability to do the job. Moreover, if you served your country in the military you ought not be treated unfairly. Now, the Office of Federal Contract Compliance Programs, a division of the Department of...

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WORKERS COMPENSATION DEATH BENEFITS PROTECT EMPLOYERS FROM LAWSUITS BY ANYBODY

WHISTLE BLOWERS ON THE VERGE OF TERMINATION BEAR A HEAVY BURDEN

Union Misconduct During A Strike May Result In State Court Liability

Maryland Court Reins in Appeal Rights From MCCR Determinations

DO MINIMUM HOURS OF WORK EQUAL WAGES?

Union Advocacy Complicates the Challenge of Maintaining Order Among First Responders

Frozen Concrete – How Much Does Labor Law Protect “Sabotage”?

NLRB ISSUES COMPLAINT AGAINST HOSPITAL FOR SCHEDULING ITS OWN EMPLOYEES

SUPREME COURT HOLDS WEARING OF RELIGIOUS SCARVES IS REASONABLE ACCOMMODATION

Measuring Equality For All

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Author: Peter Saucier

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