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

Kollman & Saucier
Kollman & Saucier
03/15/2024
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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The Uniqueness of Baseball Arbitration

Kollman & Saucier
Kollman & Saucier
03/14/2024
It’s getting a bit warmer outside, the sun is setting later, the grass is getting longer, and my allergies are starting to make their presence felt. Spring is here, and for baseball fans that means only one thing; opening day is just around the corner. Several weeks before pitchers and catchers reported for spring training, many players were engaged in a different sort of preparation for the upcoming season. Under the current Major League Baseball...
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Legislation from the 2024 Maryland General Assembly that Could Affect Your Business

Kollman & Saucier
Kollman & Saucier
03/05/2024
We are just past halfway through the 2024 session of the Maryland General Assembly. Here are some bills that have the potential to affect your business if they successively make their long journey to Governor Moore’s desk. SB0957/HB1255: Automated Employment Decisions Tools would prohibit the use of “high-risk” screening tools in making employment decisions. The bill defines a “high-risk” took as one whose use is likely to result in...
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Out of Sight, Out of Mind… Bye Bye?

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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“You might feel better if they gave you some cash…”

Darrell VanDeusen
Darrell VanDeusen
02/19/2024
That’s a line from the Eagles’ “Get over it” (track 1 on the 1994 album Hell Freezes Over). If you watch any TV courtroom drama – you would think that lawyers take a case and wind up having the jury verdict in less than one hour (with time outs for ads).  And justice always prevails.  Of course, reality is far from that imaginary world.  In the real world everyone is entitled to their decade in court. In the employment discrimination...
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Union Representatives and OSHA Inspections

Mathew Moldawer
Mathew Moldawer
02/16/2024
The Occupational Safety and Health Administration (OSHA) is poised to implement a rule allowing union representatives to accompany OSHA Certified Safety and Health Officials (CSHOs) during workplace inspections.  The notice of proposed rulemaking was included in the August 30, 2023 issue of the Federal Register. Comments were due on October 30, 2023.  The proposed regulation now sits with the White House in what appears to be the last step before...
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Supreme Court Issues Decision On “Retaliatory Intent” Requirement Under Sarbanes-Oxley

Mathew Moldawer
Mathew Moldawer
02/13/2024
On February 8, 2024, the United States Supreme Court issued its decision in Murray v. UBS, 22-660,  _S.Ct._(2024), a case involving the Sarbanes-Oxley Act of 2002.  Sarbanes-Oxley was passed as a result of the Enron scandal, where the company used illicit accounting practices to inflate their revenue to appear more profitable.  Enron employees who raised concerns about Enron’s corrupt practices faced unfavorable treatment and even termination...
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Second Circuit Revives Religious Discrimination Claim Of Prison Employee Forced To Remove Hijab

A recent decision from the Second Circuit Court of Appeals overturned a trial court’s dismissal of a religious discrimination claim brought by a female prison employee who was forced to remove a hijab.  The Plaintiff was a corrections officer who was a practicing Muslim, and who requested to wear a hijab at work.  This was in accordance with Plaintiff’s religious obligation to wear a hijab in the presence of men outside of her family.  The...
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Mandalorian Actress Files Suit Against Disney For Wrongful Termination

Earlier this week, the former Mandalorian actress and MMA fighter Gina Carano filed suit in federal court against Disney, alleging that she was wrongfully terminated and the victim of gender discrimination due to her political posts on social media. The Complaint begins: “A short time ago in a galaxy not so far away, Defendants made it clear that only one orthodoxy in thought, speech, or action was acceptable in their empire, and that those who...
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“Retweet”: Fifth Circuit Takes Up Free Speech Under NLRA

Kollman & Saucier
Kollman & Saucier
02/02/2024
It can be tempting to freely air thoughts and grievances on your cozy corner of the Internet, but lest we forget “the Internet is forever.”  That’s true if you are an ordinary person or the richest person in the world. Last week the full Fifth Circuit reheard Tesla, Inc.’s appeal from the NLRB decision made in 2021.  The Fifth Circuit’s decision in this matter has broad implications for the First Amendment rights of employers. The issue...
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