Email Updates

Enter your email address to subscribe to this blog and receive notifications of new posts by email.

Maryland Governor Signs New Law to Enforce Wage Claims

Kollman & Saucier
Kollman & Saucier
05/21/2013
Legal Developments, Legislative Developments, State Law, Wage & Hour
Last week, Maryland Gov. O'Malley signed into law the "Lien for Unpaid Wages Act." This new law, SB 758, allows employees to file a lien against their employer’s real or personal property for unpaid wages allegedly due them. Once the employee files a lien, the employer must file a complaint setting forth its defenses in the Circuit Court where the employer's property is located within 30 days. If the employer fails to do so, the employee will have...
read more

The Supreme Court Upholds “Obamacare”

Kollman & Saucier
Kollman & Saucier
06/28/2012
Employee Benefits, Legal Developments
On June 28, 2012, the Supreme Court upheld “Obamacare” (officially known as the Patient Protection and Affordable Care Act of 2010).  National Federation of Independent Business et al. v. Sebelius, No. 11-393 (June 28, 2012).   In a 5 to 4 decision, Chief Justice John Roberts wrote that the law is constitutional as an exercise of Congress’ power to tax, notwithstanding the fact that it was an impermissible exercise of Congressional Power...
read more

DOL Proposes Rulemaking on Servicemember FMLA and More

Darrell VanDeusen
Darrell VanDeusen
01/31/2012
Legal Developments
On January 31, 2012, the Department of Labor (DOL) released proposed changes to the agency’s Family and Medical Leave Act (FMLA) regulations, which were published in the Federal Register on February 15.  This Notice of Proposed Rulemaking (NPRM), a necessary precursor to any regulatory change, seeks comments from interested parties by April 16.  Comments may be submitted, identified by Regulatory Information Number (RIN) 1235–AA03, by...
read more

What Does “To Care For” Mean Under the FMLA?

Darrell VanDeusen
Darrell VanDeusen
09/13/2011
Legal Developments
The FMLA provides that an employee may take leave to care for a parent, spouse, son or daughter who has a serious health condition.  29 U.S.C. § 2612(a)(1)(c).  An employee can take leave to care for a parent or spouse of any age who, because of a serious mental or physical condition, is in a hospital or other health care facility, or who is at home but unable to care for his or her own basic hygienic or nutritional needs or safety.  So, no...
read more

How to Stay on the EEOC's Good Side

Darrell VanDeusen
Darrell VanDeusen
07/09/2011
Legal Developments
I wrote about this last year, because in 2010, the Equal Employment Opportunity Commission received nearly 100,000 new charges of workplace discrimination, the highest figure ever.  In the Baltimore Region, there were approximately 3,300 pending charges and about 13 investigators to handle them.   Well, 2011 was another banner year for charges being filed, and particularly in the Baltimore area.  The back log still exists and there is no quick...
read more

GINA and the FMLA: How to Avoid a Sticky Wicket

Kollman & Saucier
Kollman & Saucier
11/09/2010
Legal Developments
The Genetic Information Nondiscrimination Act (GINA), 42 U.S.C. § 2000ff, was enacted in 2008 to prevent discrimination on the basis of genetic information in employment and health insurance.  Title I of the Act focuses on issues in health insurance, and is administered by several federal Departments, while Title II prohibits employers from using genetic information in employment decision-making and is administered by the Equal Employment...
read more

FMLA Eleventh Amendment Immunity: Coleman v. Maryland Court of Appeals

Darrell VanDeusen
Darrell VanDeusen
09/09/2010
Legal Developments
In Coleman v. Maryland Court of Appeals, 626 F.3d 187 (4th Cir. 2010), the Fourth Circuit joined five other appellate courts in holding that the self-care provision of the Family and Medical Leave Act, does not apply to the states because Congress did not properly abrogate the states’ Eleventh Amendment immunity.  Despite the lack of any apparent Circuit split on the issue, the Supreme Court granted Coleman’s petition for a writ of certiorari to...
read more

The Public Safety Employer-Employee Cooperation Act: A Bad Law at a Bad Time

Kollman & Saucier
Kollman & Saucier
04/15/2010
Legal Developments
Over the past year, the “card check” legislation ironically known as the Employee Free Choice Act (“EFCA”) has garnered a lot of attention.  With large Democratic majorities in both chambers of Congress and a liberal Democrat in the White House, it seemed only a matter of time until organized labor received a payoff for its nearly $10 million dollar investment in President Obama and EFCA became law. Now, as EFCA languishes in the Senate...
read more

The Availability of the Mixed-Motive Theory in FMLA Retaliation Cases

Darrell VanDeusen
Darrell VanDeusen
02/05/2010
Legal Developments
Mixed-motive theory was legislated into Title VII with the 1991 Civil Rights Act.  The theory provides that an employee may prevail in a case in which she demonstrates that illegal considerations were “a motivating factor” in the adverse employment decision, even where the employer would have made the same decision absent the illegal considerations. There is no similar provision under the FMLA (or any other anti-discrimination law for that...
read more

Department Of Labor Issues Guidance On Reducing Pay For Furloughs

Kollman & Saucier
Kollman & Saucier
09/09/2009
Legal Developments
As employers try to navigate the economic downturn, companies are increasingly turning to temporary furloughs to save labor costs.  When furloughing employees, employers require staff to use accrued leave or take unpaid time off.  However, if not done properly, this practice could result in employers converting otherwise exempt employees into non-exempt staff who become entitled to overtime under the Fair Labor Standards Act and its state law...
read more
Email Updates

Enter your email address to subscribe to this blog and receive notifications of new posts by email.