Employer’s Consistent Explanation for Discharging Employee Defeats Discrimination Claims

In Anderson v. Discovery Communications, 8:08-cv-02424, 2013 WL 1364345 (4th Cir. Apr. 5, 2013), the Fourth Circuit affirmed a decision from the United States District Court for the District of Maryland granting summary judgment to Discovery and a cadre of individual defendants on claims under the Americans with Disabilities Act (ADA), Montgomery County Human Rights Act (MCHRA), and Family and Medical Leave Act (FMLA). Though unremarkable in and of...
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Proposed Maryland Legislation Would Eliminate Non-Compete Obligations For The Unemployed!

It may not be as ominous as the Fiscal Cliff, but Maryland employers should take heed: there is legislation proposed for the upcoming General Assembly session that would render inapplicable a valid non-competition agreement between an individual and his or her prior employer under certain circumstances.  Senate Bill 51, which would amend the Labor and Employment Article of the Maryland Annotated Code, provides that if any individual applies for and...
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Employer Not Liable for Failing to Do Background Check on Employee Who Raped Coworker

Kollman & Saucier
Kollman & Saucier
12/18/2012
A federal appellate court has ruled that the employer of a woman raped by a co-worker is not liable for negligent hiring when it failed to conduct a background check on the co-worker, even though the employee had prior convictions for sexual crimes.  Keen v. Miller Environmental Group, _F. 3d. _ (5th Cir. 12/10/12). The court held that Mississippi law did not impose a generalized duty to conduct background checks, regardless of whether the employer...
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Be Prepared For Various State Minimum Wage Increases Effective January 1, 2013

Kollman & Saucier
Kollman & Saucier
12/18/2012
Companies with operations in multiple states will want to take note of the minimum hourly wage increases that are being implemented on January 1, 2013 in various states: Arizona is increasing its minimum hourly wage from $7.65 to $7.80.  The minimum wage for tipped employees increases from $4.65 to $4.80. Colorado will increase its minimum wage from $7.64 to $7.78.  Minimum wage for tipped employees will go from $4.62 to $4.76. Florida is...
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Michigan Bill That Weakens Union Power Passes in State Legislature

Kollman & Saucier
Kollman & Saucier
12/11/2012
The Republican heavy Michigan Statehouse today passed “right to work” legislation that will significantly weaken a union’s powers.  Michigan’s Governor, Rick Snyder, announced that he would sign the legislation which would permit public and private sector workers at union-represented companies to forgo paying union dues as a condition of employment.  Michigan, of course, is the birthplace of the United Auto Workers, and nearly 18% of its...
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Maryland Extends Personal Liability to Individuals Under State Wage Payment Law

Kollman & Saucier
Kollman & Saucier
11/30/2012
In Campusano v. Lusitano Construction, LLC, et al., No. 1529 (Md. Ct. Spec. App. Nov. 21, 2012) (Matricciani, J.), the Maryland Court of Special Appeals concluded that individuals may be “employers” and therefore be liable under Maryland’s Wage Payment and Collection Law (MWCPL). Francisco de Oliveria worked for his son’s business, Lusitano Construction, LLC.  As a supervisor of a construction project, Francisco “set [employees’]...
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Paid Sick Leave for Maryland’s Private Sector Employees Could Be Proposed in 2013

Now that flu season is upon us, employers can expect the usual uptick in employees calling out sick.  And in Maryland, while most larger employers offer paid  sick leave, many small businesses do not.  According to the Institute of Women’s Policy Research, forty percent of Maryland’s private sector workers, or nearly 820,000 employees, do not receive time off with pay for being sick. However, Maryland might soon require all employers to offer...
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Time Off For Voting

Kollman & Saucier
Kollman & Saucier
11/05/2012
Tomorrow is Election Day.  Employers should be clear on state law requirements that provide employees with time off to vote, as well as any existing policies in place on voting leave.  Although some states have no requirements, others require employers to provide employees with time off to vote and impose civil and/or criminal penalties for non-compliance.  In Maryland, every employer must permit employees who claim to be registered voters to be...
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Virginia Supreme Court Holds That Supervisors May Be Personally Liable for Wrongful Discharge

Kollman & Saucier
Kollman & Saucier
11/02/2012
On November 1, 2012, the Supreme Court of Virginia held that a supervisor may be subject to tort liability for wrongful discharge in violation of public policy where the individual participated in the wrongful firing and was the violator of public policy. VanBuren v. Grubb, 120348 (Va. Nov. 1, 2012) (Millette, J.).  The Court addressed the issue upon certification from the Fourth Circuit. Angela VanBuren was a nurse at Virginia Highlands Orthopedic...
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New Jersey Employers Have A New Posting Requirement

Kollman & Saucier
Kollman & Saucier
10/19/2012
The New Jersey State Assembly has amended the New Jersey Equal Pay Act to require employers with 50 or more employees to “conspicuously post” a notice of employees’ rights to be free from gender discrimination with respect to wages, compensation, benefits, and other terms and conditions of employment.  The new posting requirement is scheduled to take effect November 21, 2012.  The New Jersey Department of Labor, however, still needs to...
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