NLRB Issues New Joint Employer Rule

The National Labor Relations Board (NLRB) released today its Final Rule regarding the Standard for Determining Joint-Employer Status under the National Labor Relations Act (NLRA).  The NLRB press release states: Under the new standard, an entity may be considered a joint employer of a group of employees if each entity has an employment relationship with the employees and they share or codetermine one or more of the employees’ essential terms and...
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The U.S. Department of Labor Proposes New Overtime Eligibility Rule

Kollman & Saucier
Kollman & Saucier
09/08/2023
Federal overtime pay provisions are part of the Fair Labor Standards Act (FLSA).  Unless exempt, employees covered by the FLSA must be paid at a time-and-a-half rate for time worked over 40 hours in a work week.  Under current law, workers who are salaried, earn at least $35,568 annually ($684 per week), and work in a bona fide executive, administrative, or professional capacity are exempt, meaning they are not entitled to overtime pay.  The...
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NLRB Revises Workplace Rules Standards

As has been anticipated for some time, the National Labor Relations Board (NLRB), in Stericycle, Inc. (Aug. 2, 2023), adopted a new standard for determining whether workplace rules are lawful under the National Labor Relations Act.  The new standard is similar to the analysis used prior to the Board’s 2017 decision in Boeing Co. Under the Stericycle framework, the lawfulness of workplace rules under the NLRA turns on whether workers would view...
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2021 - New Maryland Employment Law Round-Up

Kollman & Saucier
Kollman & Saucier
06/04/2021
The State of Maryland has passed several new employment laws, with some set to take effect as soon as July 1, 2021.  Here is a rundown: SB364- Nondisparagement Clauses in Law Enforcement Civil Claims Settlements. Prohibits non-disparagement clauses in settlement agreements for claims alleging misconduct in the performance of duties by members of the police forces for certain higher education institutions in the State of Maryland. Claims must arise...
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Furloughs During Economic Downturns: A Reminder of the Wage & Hour Rules

Kollman & Saucier
Kollman & Saucier
03/13/2020
Late yesterday afternoon, I received a call from a client that was eerily reminiscent of the calls I often received during the 2008-2009 financial crisis. The call went something like this: “Eric, because of the impact COVID-19 is having on our business, we are considering furloughing staff. What are the wage and hour implications of furloughs?” After receiving that call, I dusted off some of the guidance I had given 11 years ago and am sending...
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Maryland’s Equal Pay Law: Are You In Compliance?

Watching the U.S. Women’s National Team play in and win the World Cup this past weekend took me right back to my own days of competitive girls’ soccer.  But nostalgia wasn’t the only thing that came to mind as the win brought additional attention to the Team’s recent lawsuit for equal pay.  That lawsuit, filed in March, generally alleges that the players on the Women’s National Team (“WNT”) are paid less than the players on...
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Two Important Wage-Related Updates

This has been an action-packed week on the wage and hour frontier.  Two important decisions at the federal level are expected to significantly impact most employers going forward. Revised Overtime Rule First, on Thursday evening, the Department of Labor (DOL) announced its long-awaited proposed rule to update the salary exemption threshold under the Fair Labor Standards Act (FLSA) from its 2004 levels.  All employees who are paid a salary falling...
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Good News and . . . Interesting News

Kollman & Saucier
Kollman & Saucier
01/04/2019
Happy 2019 to everyone! First, we begin the year with some good news: Kollman & Saucier is pleased to announce that it has been named a Tier 1 firm in Baltimore for both Employment Law – Management and Labor Law – Management by U.S. News – Best Lawyers® in 2019.  As Best Lawyers explains, its ratings are based exclusively on peer review by other attorneys within the same geographical community and legal practice areas.  Darrell...
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Maryland Wiretap Act No Shield For Surreptitious Recorder

Kollman & Saucier
Kollman & Saucier
11/30/2018
It isn’t often that I get to write about an opinion on a criminal law matter.  However, the Maryland Court of Appeals’ opinion in Agnew v. State, No. 9, September Term 2018 (Md. Nov. 20, 2018), provides that chance.  In Agnew, Maryland’s highest court addressed the following question:  “Was a recorded communication on a [cell] phone between [Agnew] and an unidentified speaker intercepted in violation of the Maryland Wiretap Act and...
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A Potentially Epic Alternative To Class-Action Waiver Arbitration Clauses

In the aftermath of Monday’s Supreme Court decision in Epic Systems Corp. v. Lewis, as discussed on this blog, employers are free to include class-action waivers as part of their arbitration clauses in employment agreements. There is, however, a difference between whether employers can include such clauses and whether all employers should include them.  Some of the assumed benefits of arbitration are that it is less formal, less expensive, and...
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