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U.S. House Votes To Amend ADA's Public Accommodations Requirements

Kollman & Saucier
Kollman & Saucier
02/21/2018
Disability & Leave, Exhaustion of Administrative Remedies, Legislative Developments, Reasonable Accommodations/Undue Burden
This past Thursday, the House of Representatives passed (by a vote of 225 to 192) the “ADA Education and Reform Act of 2017.”  The bill is designed predominantly to alter the procedures that must be followed concerning alleged violations of the Americans with Disabilities Act (ADA) by public accommodations such as restaurants, hotels, movie theaters, and shopping malls. Since 1990, the ADA has barred public accommodations from depriving any...
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Maryland’s Healthy Working Families Act To Become Law February 11th

Kollman & Saucier
Kollman & Saucier
01/15/2018
Legislative Developments, Maryland Healthy Working Families Act, Paid Leave, State Law
On January 12, 2018, the Maryland General Assembly voted to override Governor Larry Hogan’s veto of the Healthy Working Families Act (House Bill 1 in 2017’s General Assembly).  As a result of the legislature’s action, the Healthy Working Families Act (the “Act”) will go into effect on February 11, 2018.  In preparation, Maryland employers should begin reviewing and, if necessary, updating (or creating) their paid leave policies in order...
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Governor Hogan Offers "The Paid Leave Compromise Act of 2018" - Now What?

Kollman & Saucier
Kollman & Saucier
12/01/2017
Legislative Developments, Maryland Healthy Working Families Act, Paid Leave, State Law
Six months ago, we reported that the alleged veto-proof Healthy Working Families Act (HWFA) was vetoed by Governor Hogan.  At that time, Governor Hogan called the bill "deeply flawed" and "job-killing."  He then created a task force to study paid sick leave plans and submit a report so that his administration could submit emergency legislation to replace the killed bill when the General Assembly reconvenes in January 2018.  We now have that...
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House Passes Legislation Narrowing Joint Employer Doctrine

Kollman & Saucier
Kollman & Saucier
11/21/2017
Labor Law, Legislative Developments
One of the most pressing issues for employers and contractors is the joint employer doctrine.  This doctrine allows the NLRB and other agencies to consider one business the employer of another business’ employee if it had indirect or potential control over the second business’ employees.  What is indirect or potential control, you ask?  Therein lies the problem. While the NLRB decision that expanded this doctrine to its current state is still...
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Two Employment Related Measures Under Consideration By Congress

Kollman & Saucier
Kollman & Saucier
11/16/2017
Labor Law, Legal Developments, Legislative Developments, Wage & Hour
At least two employment-related bills have been introduced in Congress in recent days.  The first, H.R. 4219, dubbed the Workflex in the 21st Century Act, would amend the Employee Retirement Income Security Act of 1974 to include an option for qualified flexible workplace arrangements.  Under the legislation in its current form, employers would voluntarily offer employees at least a guaranteed minimum level of paid leave.  The amount of leave...
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The Trump Administration’s Triple Play

Kollman & Saucier
Kollman & Saucier
10/10/2017
Legal Developments, Legislative Developments
October is ordinarily marked by shorter days, cooler weather, vibrant foliage, and the start of the MLB postseason.  Indeed, as the games began last week, the Trump administration made a triple play of its own sort with a series of major labor and employment law-related actions. Restoring a Stricter Joint Employer Standard On October 4, a House committee advanced the Save Local Business Act in order to constrict the definition of joint...
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Maryland Sick Leave Bill Has Died, For Now

Kollman & Saucier
Kollman & Saucier
06/02/2017
Legislative Developments, Paid Leave, State Law
We reported two months ago here that Maryland's General Assembly had passed veto-proof sick leave legislation, the Healthy Working Families Act, which would have guaranteed sick leave to most employees working in Maryland. Governor Hogan, however, vetoed that bill calling the bill "deeply flawed" and "job-killing."  That done, Governor Hogan made clear he favors a viable compromise with the General Assembly before January 2018, when the legislation...
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Private Sector Comp Time Bill Passes the House

Darrell VanDeusen
Darrell VanDeusen
05/05/2017
Legislative Developments, Wage & Hour
Comp-time is a common practice in the public sector and has been regularly used by public sector employees since the FLSA was amended in 1985.   It is available in the private sector too, but the requirements in place for an employer to do it right make it nearly impossible to use.  Which is why private sector employers who want to follow the law don’t often try to use it. An effort is taking place in Congress to amend the FLSA.  The Working...
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Maryland General Assembly Passes Veto-Proof Sick Leave Legislation

Kollman & Saucier
Kollman & Saucier
04/07/2017
Legislative Developments, Maryland Healthy Working Families Act, Paid Leave, State Law
The Maryland General Assembly this week passed the Healthy Working Families Act, which all but guarantees that come 2018, employees in Maryland will be entitled to sick leave. The bill was passed with veto-proof margins in both the Senate (29-18) and the House of Delegates (87-53), which means the General Assembly can override Governor Hogan’s anticipated veto when it reconvenes next year.  Below is a summary of the bill which would take effect...
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Maryland Legislative Update

Kollman & Saucier
Kollman & Saucier
03/17/2017
Legislative Developments, State Law
There is a little over a month left before the Maryland General Assembly adjourns its 2017 legislative session.  Below is a list of some of the employment-related bills that thelegislature is considering or has considered. House Bill 1, the Maryland Healthy Working Families Act, was summarized in a previous blog post.  HB 1 has passed the House and is being considered by the Senate.  HB 1 was cross-filed with Senate Bill 230, which the Senate...
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