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The Future of the NLRB’s New Joint Employer Rule Remains Unclear

Kollman & Saucier
Kollman & Saucier
03/15/2024
NLRB, Uncategorized
A federal district court in Texas struck down the National Labor Relation Board’s (NLRB or the Board) new joint employer rule that was set to take effect March 11th. However, this may not be the end of the road for the NLRB’s new joint employer rule. The NLRB’s new joint employer rule expanded the conditions and types of control over terms of employment that trigger a finding of a joint employer relationship. The NLRB outlined seven factors of...
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Out of Sight, Out of Mind… Bye Bye?

Darrell VanDeusen
Darrell VanDeusen
02/21/2024
Disparate Impact, Employment Discrimination, Uncategorized
I struggled a bit with an appropriate song reference for this blog.   I’m going with “So Far Away,” written by Carole King and track 2 on Tapestry (1971).   In the post-pandemic world there’s been a seismic shift in the world of where you work.   Remote, hybrid, full-time in office… it’s all over the map (pun intended).  As employers try to navigate this new work world order, it’s important to consider what can and cannot be...
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Underpaid Millionaires? The NFL’s Running Back Problem.

Kollman & Saucier
Kollman & Saucier
07/28/2023
Uncategorized
Recently, superstar running back Saquon Barkley and the New York Giants agreed to a one-year $11 million deal. The deal - less than $1 million more than Barkley would have received under the franchise tag - prevents a potential hold-out from the Giant’s centerpiece. Barkley’s situation is an illustration of a much larger problem that exists in the NFL today; running backs are severely underpaid for the value they bring to NFL offenses. Running...
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Santa’s Naughty List Said “No Rockettes for You!”

Darrell VanDeusen
Darrell VanDeusen
12/26/2022
Uncategorized
t’s the season of merriment and good cheer, right?  Well, not if you are an attorney who (or if you work for a law firm that) has sued MSG Entertainment – the folks who run Madison Square Garden and Radio City Music Hall, as well as other venues in New York City and elsewhere. According to an article on the New York Times website last Thursday (in the print edition on Friday, December 23, 2022),...
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Quiet Quitting: Is This Your Best Work?

Darrell VanDeusen
Darrell VanDeusen
08/24/2022
Uncategorized
One of my son’s favorite movies when he was in high school was Office Space (1999).  I also enjoyed it alot. You may recall the following dialogue between Peter (Ron Livingston) and Joanna (Jennifer Aniston): Peter:               I, uh, I don't like my job. I don't think I'm gonna go anymore. Joanna:            You’re just not gonna go? Peter:               Yeah. Joanna:            Won’t you...
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Texas Federal Court Reinstates Trump Independent Contractor Rule

Kollman & Saucier
Kollman & Saucier
03/19/2022
Independent Contractors, Uncategorized
On September 21, 2020, the Trump administration Department of Labor (DOL) announced a notice of proposed rulemaking related to worker classification. The proposed rule set forth a new test for determining a worker’s status as an independent contractor or an employee. The changes overall would have made it easier for businesses to classify workers as independent contractors under the Fair Labor Standards Act (FLSA).  My colleague blogged about...
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District of Columbia Expands Its Paid Family and Medical Leave Benefit

Kollman & Saucier
Kollman & Saucier
03/03/2022
Paid Leave, Uncategorized
The District of Columbia will boost its paid family and medical leave program to offer a maximum of 12 weeks of leave annually, as well as reducing the payroll tax rate that employers will pay. The expansion resulted from a review of the paid leave program finances by D.C.’s Chief Financial Officer, who concluded that the program would have a nearly $500 million surplus this year at the current 8-week benefit level.  The program began paying...
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The EEOC Takes On Its First COVID-Telework Lawsuit Under The ADA.

Kollman & Saucier
Kollman & Saucier
09/29/2021
Agency Activity, COVID-19, Reasonable Accommodations/Undue Burden, Telework, Uncategorized
Earlier this month, the Equal Employment Opportunity Commission (EEOC) filed its first lawsuit under the American with Disabilities Act (ADA) against a facility management services company, ISS Facility Services, Inc., due its failure to permit one of its employees to continue working remotely amidst COVID.  The case is EEOC v. ISS Facility Servs., Inc., No. 1:21-CV-3708-SCJ-RDC (N.D. Ga. 2021). Ronisha Moncrief worked as a Health Safety and...
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Building Trust as We Return to the Workplace

Darrell VanDeusen
Darrell VanDeusen
06/15/2021
Uncategorized
I am spending a lot of time these days counseling employers who are in the middle of having their employees return to the worksite.  One of the big issues (no surprise here) is whether employees have been vaccinated.  Do you request documentation?  Do you rely on someone’s statement that they cannot be vaccinated for medical reasons, or because they have a religious objection?  Do you punish those who chose not to vaccinate just because? For...
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Fourth Circuit Revives Same-Sex Harassment Claim

Kollman & Saucier
Kollman & Saucier
05/25/2021
Employment Discrimination, Same-Sex Marriage, Sex Discrimination, Uncategorized
The Fourth Circuit Court of Appeals last week joined several other federal appellate courts when it rejected a narrow reading of Supreme Court precedent regarding same-sex harassment claims under Title VII of the Civil Rights Act of 1964.  Roberts v. Glenn Industrial Group, Inc., No. 19-1215 (4th Cir. May 21, 2021).  The Fourth Circuit covers Maryland, North Carolina, South Carolina, Virginia, and West Virginia. The case involves Glenn...
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