WORKERS COMPENSATION DEATH BENEFITS PROTECT EMPLOYERS FROM LAWSUITS BY ANYBODY

Peter Saucier
Peter Saucier
05/17/2024
Workers compensation falls on the debit side when an employer prepares a budget and plans staffing of the workforce.  With good cause, employers lament the costs of workers compensation insurance and the negative effect of having workers being paid for someone not working.  Still, there are some upsides for employers under the workers compensation scheme.  A good, recent example was detailed this past year by the Appellate Court of Maryland. ...
read more

How Dartmouth College Men’s Basketball Team Formed a Union

Kollman & Saucier
Kollman & Saucier
05/16/2024
Dartmouth College is probably not the first educational institution that comes to mind when you think about DI NCAA sports. Nevertheless, the small, private, Ivy League university located in Hanover, New Hampshire is at the forefront of one of the most important issues facing college athletics today. On March 5, 2024, the fifteen members of the Dartmouth men’s basketball team voted to form a union. They had formed the first union for college...
read more

EEOC Issues Updated Guidance on Workplace Harassment

Kollman & Saucier
Kollman & Saucier
05/14/2024
The Equal Employment Opportunity Commission (EEOC) has issued updated guidelines pertaining to workplace harassment claims. This is the first update of the harassment guidelines since 1999.   To successfully establish a prima facie case of workplace harassment, an individual must first show that the harassment was based on a protected characteristic. The protected characteristics with which the EEOC covers include race, color, religion, sex,...
read more

Déjà Vu (All Over Again)

Darrell VanDeusen
Darrell VanDeusen
05/09/2024
Today’s musical interlude is John Fogerty’s Déjà vu (All Over Again), the first track off his 2004 album of the same name.  That was 20 years ago, but the lyrics resonate today. This song came to mind as I anticipate the reaction from the business community to the Department of Labor’s April 23, 2024 announcement of the expansion of overtime eligibility for certain employees.  The final rule was published in the Federal Register on April...
read more

I’ll Take You Back

Darrell VanDeusen
Darrell VanDeusen
05/07/2024
For those of you who like country music, many of my recent blogs have skewed in that direction.  If you are not a fan of the genre, sorry.  It’s just that the lyrics often fit so well when it’s time to write about employment law.   This time we’ll look to the Brad Paisley song “I’ll Take You Back” (track four on his 2004 album Time Well Wasted).   The lyrics are worth a read even if you don’t want to listen to the song, as there...
read more

EEOC Files Amicus Brief in AI discrimination case

Mathew Moldawer
Mathew Moldawer
05/02/2024
In an earlier post I reported that a federal court dismissed a lawsuit in January alleging that an algorithm-based screening tool illegally discriminates against people who are protected by law. In that case, Mobley v. Workday, the Court granted Mobley leave to amend his complaint.  New ammunition has further fueled this case– the Equal Employment Opportunity Commission (EEOC) filed an amicus brief supporting Mobley. The EEOC’s brief argues...
read more

Plaintiffs in Discrimination Cases Need Only Show “Some Harm” Rather Than “Significant Harm” to Seek Relief Says Supreme Court

Mathew Moldawer
Mathew Moldawer
05/02/2024
One of the biggest challenges employers face is whether a job transfer without a change in salary or position title can be the basis of a claim for discrimination.  Courts provided inconsistent rulings, often finding that if salary and position title remain the same, an employee who claims that a transfer is discriminatory must prove that the transfer resulted in “significant harm” to be actionable. Recently, the Supreme Court weighed in,...
read more

FTC Announces Ban on Worker Non-Competes

Vincent Jackson
Vincent Jackson
04/26/2024
Earlier this week, the Federal Trade Commission proposed a rule that would adopt a nearly-universal ban on non-compete agreements that restrict workers from switching jobs within an industry.  While the rule will not go into effect for 120 days, it has already drawn legal challenges from business groups, including the Chamber of Commerce. The rule is breathtakingly broad in scope.  It does not merely outlaw non-competes for low and medium-wage...
read more

EEOC’s Final Pregnant Worker Fairness Act Regulations Cover Abortion

Kollman & Saucier
Kollman & Saucier
04/22/2024
On April 19, 2024, the Equal Employment Opportunity Commission (EEOC) released its final regulations for the Pregnant Workers Fairness Act (PWFA). The regulations embrace a broad characterization of the PWFA’s use of the phrase “pregnancy, childbirth, or related medical conditions.” Ultimately, the regulations cover current, past, and potential pregnancy. The EEOC’s adoption of a broad view does not come as a surprise. The initial proposal...
read more

Woodford Reserve Distillery Ordered to Bargain with Union Despite Winning a Representation Election

Kollman & Saucier
Kollman & Saucier
04/15/2024
In August 2022, the Teamsters Union notified Woodford Reserve Distillery that its employees were organizing. Managers then held meetings with employees to speak about the organizing campaign. By the first week of October 2022, the employer believed that 50-60 percent of the employees had signed union authorization cards, primarily motivated by a desire for increased wages. By October 11, the Company decided to announce a $4 per hour across-the-board...
read more
Email Updates

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

Loading