State Law Archives - Page 5 of 10 - Kollman & Saucier P.A.

Kentucky Court Holds That State Law Does Not Permit Associational Discrimination Claims

Kollman & Saucier

12/26/2018

Disability & Leave, Employment Discrimination, State Law

Nearly two weeks ago, in a post on associational discrimination claims, I pointed out that while these claims may be relatively uncommon, they are still possible under the ADA and Maryland law. By contrast, last week, a Kentucky state court held that the Kentucky Civil Rights Act (KCRA) does not encompass associational discrimination claims. The case is Barnett v. Central Kentucky Hauling, LLC, No. 2017-CA-001746-MR (Ky. Ct. App. Dec. 21,...

Kollman & Saucier

11/07/2018

Age Discrimination, Gender Identity, Legislative Developments, Medical/Legal Marijuana, State Law, Wage & Hour

As votes in yesterday’s elections continue to be tallied, there were several developments of interest to employers and to labor and employment practitioners alike. Age: The ADEA Applies To Public Sector Employers Of All Sizes First, yesterday morning, the Supreme Court announced its first decision of the 2018-19 term. In a unanimous (8-0) ruling, the Court held in Mount Lemmon Fire District v. Guido that the Age Discrimination in Employment Act...

Kollman & Saucier

11/02/2018

Legislative Developments, State Law, Wage & Hour

You may recall that earlier this year, voters in the District of Columbia passed an initiative (Initiative 77) that would have increased the minimum wage for tipped employees (who predominantly work in the restaurant, hotel, and retail service industries) incrementally up to $15.00 an hour by 2025. Recently, however, the D.C. Council changed course by passing the Tipped Wage Workers Fairness Amendment Act of 2018 (the "Act"). Most directly, the...

Kollman & Saucier

10/03/2018

Legislative Developments, State Law

On October 1, 2018, several new employment laws take effect in Maryland. A previous blog post addressed new general contractor liability for its subcontractors’ failure to pay the subcontractors’ own employees. Under the new law, subcontractors’ employees can sue not only the subcontractor for wage claims, but also the general contractor, who likely has no knowledge of or control over the subcontractors’ pay practices. The general...

Darrell VanDeusen

09/11/2018

Employment Discrimination, State Law

If you are a student of employment law, you likely know the basics of employment discrimination and the concept of “disparate treatment” – the theory that it is impermissible to intentionally treat someone differently because they are a member of a protected class. That’s where you get the most typical claims of discrimination. The “I wasn’t hired because of my national origin,” or “I didn’t get paid the at the same wage because...

Kollman & Saucier

09/10/2018

State Law, Wage & Hour

Beginning on October 1, 2018, construction contractors doing business in Maryland may be held liable if their subcontractors fail to pay their workers. To say that this expanded liability is significant would be an understatement. First, a bit of background. The Maryland Wage Payment and Collection Law permits an employee who has not been paid in accordance with his or her employer’s regular pay practices to sue the employer for the wages that...

Kollman & Saucier

06/13/2018

State Law, Wage & Hour

On July 1, 2018, new minimum wage rates went into effect for both Maryland and the District of Columbia. All employees who do not qualify for an exemption must be paid in accordance with the new rates. The changes provide a good opportunity for employers to audit pay practices to ensure compliance with wage and hour laws. Defense of a pay claim comes at a substantial cost and a simple review now can serve to mitigate or even eliminate complex...

Kollman & Saucier

05/30/2018

Sexual Harassment, State Law

On May 15, 2018, Maryland Governor Larry Hogan signed into law the "Disclosing Sexual Harassment in the Workplace Act of 2018" (“Act”). The Act, which can be found here, goes into effect on October 1, 2018, and sunsets without any further action on June 30, 2023. The Act, which is codified at Md. Code Ann., Labor & Employment § 3-715, adds two requirements to current Maryland labor and employment law. First, the Act declares that any...

Kollman & Saucier

04/16/2018

Legislative Developments, State Law, Wage & Hour

Disconnecting from work may be à la mode. And no, I do not mean topped with ice cream. Rather, it appears that laws restricting or prohibiting employers from requiring employees to check work e-mails after work hours could be catching. Last year, a law in France granting employees a “right to disconnect” from work went into effect. The law requires covered employers (companies with more than 50 employees) to ensure that their...

Kollman & Saucier

04/13/2018

Sexual Harassment, State Law

The Maryland General Assembly ended its session this week with approval of House Bill 1342, legislation aimed at strengthening policies for the investigation and resolution of sexual harassment complaints involving members of the State lawmaking community. The Bill is designated emergency legislation. If Governor Hogan signs as expected, it will become effective immediately. A report released earlier this year by the Maryland Women’s Caucus...

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Kentucky Court Holds That State Law Does Not Permit Associational Discrimination Claims

Age and Wage Issues Among Many Resolved On Election Day

D.C. Creates New Training And Reporting Obligations For Employers With Tipped Employees

New Maryland Employment Laws That Took Effect October 1

Think You Understand Employment Discrimination Law? Here’s a Test.

Expanded Construction Contractor Wage Liability Takes Effect October 1, 2018

New Minimum Wage Rates Effective July 1 For Maryland And D.C.

Maryland Enacts “Disclosing Sexual Harassment In The Workplace Act of 2018”

New York City Introduces Disconnecting From Work Law

Maryland General Assembly Strengthens Internal Sex Harassment Rules

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Category: State Law

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