The Limits of the FLSA Exemption for “Learned Professionals”

Vincent Jackson
Vincent Jackson
04/06/2023
When flying, many passengers have experienced that moment of turbulence, that disconcerting jolt of the aircraft.  During the precious seconds that follow, you may have offered a quick prayer that the pilot draw on his years of experience, education and expertise to guide the plane to safety.  You may have additionally marveled that any human being could exert control over an object as large and complex as a commercial jet.  Small wonders,...
read more

Maryland Court Reins in Appeal Rights From MCCR Determinations

Every person who claims to be discriminated against by an employer has the right to have that charge examined by the Maryland Commission for Civil Rights (MCCR). The claims of charging parties are fully investigated by the MCCR, including procedures to obtain documents, data and testimony.  That process includes an appeal within the MCCR, and the right to seek further review in the Maryland Circuit Court system.  Employers confronted with charges...
read more

Employers: Probably How Not to Win a FMLA Case

Darrell VanDeusen
Darrell VanDeusen
04/05/2023
It’s that time of year when I update my treatise on FMLA/Wage & Hour Law (available as a part of the Labor and Employment Law multi-volume series published by Lexis/ Nexis).  But enough gratuitous self-promotion.  The FMLA turns 30 years old this year.  It remains hard to argue with the Congressional intent of a desire to “balance workplace and family.”   And, as FMLA jurisprudence has matured over the years, there are now not many...
read more

“Most Qualified” v. ADA Accommodation: Who Wins?

Anyone who has engaged in the ADA’s interactive process to provide a “qualified individual with a disability” (meaning that the individual has a “mental or physical impairment” that “substantially limits one or more major life activities”) with a “reasonable accommodation” that does not involve an “undue hardship” to enable them to perform the “essential functions of the job” knows just how challenging that task can be....
read more

Are Kids the Key to Solving the Hiring Crisis?

Mathew Moldawer
Mathew Moldawer
03/31/2023
Since the beginning of the pandemic, certain industries have been hit hard by employees resigning in search of greener pastures – work/life balance and flexible work.  Quit rates were high in industries including the retail, restaurant, and hospitality.  While some businesses and industries have seen a rebound in hiring, hiring in those industries appear to be stagnant.  While incentives such as signing bonuses have been used to attract new...
read more

An Eye to the Future and a Finger on the Pulse of Technology - Biometric Data Regulations

Mathew Moldawer
Mathew Moldawer
03/28/2023
The Maryland legislature introduced House Bill 33: Biometric Data Privacy Act (the Act).   The Act defines “Biometric data” as data generated by automatic measurements of the biological characteristics of an individual, such as a fingerprint, a voiceprint, an eye retina, an eye iris, or any other unique biological patterns or characteristics, that is used to identify a specific individual. Not included is a physical or digital photograph, a...
read more

“Preserve” Your Constitutional Rights, But Not Against A Private Employer

The world is seemingly going back to pre-Covid normalcy.  Masks, while still present some places, no longer litter the trashcans outside grocery stores and restaurants.  People are taking a big breath of fresh air, and not just six feet from someone. Nevertheless, litigation concerning Covid and company policies regarding the vaccine linger in courts around the U.S.  One such case has seemingly come to an end and the company is out of a...
read more

Third Circuit Rules Docking PTO Under Production Standard Does Not Run Afoul Of FLSA Exemption

Kollman & Saucier
Kollman & Saucier
03/20/2023
On March 15, 2023, the Third Circuit Court of Appeals issued its opinion of first impression in Higgins v. Bayada Home Health Care, Inc., Case No.: 21-3286, ___ F.4th ___ (Mar. 15, 2023), affirming the United States District Court for the Middle District of Pennsylvania decision granting summary judgment in favor of Bayada Home Health Care, Inc. (“Bayada”).  The issue in this case was whether Bayada’s practice of docking accrued paid time off...
read more

Is This a Thing Now? Mandatory Universal Paid Time Off.

Kollman & Saucier
Kollman & Saucier
03/14/2023
On Monday, March 13, 2023, Illinois’ governor J.B. Pritzker signed into law the Paid Leave for All Workers Act.  With his signature, Illinois joins Nevada and Maine as states that require employers to provide mandatory universal paid time off.  Illinois’ law becomes effective January 1, 2024. This is an interesting turn of the tide from even 10 years ago where mandatory sick leave was a fringe idea.  The first state to enact a private sector...
read more

City Survives Age Discrimination Claim From Employee Denied Promotion

Kollman & Saucier
Kollman & Saucier
03/06/2023
The Age Discrimination in Employment Act (ADEA) protects individuals who are 40 years of age or older from employment discrimination based on their age.  A recent decision from the Fourth Circuit Court of Appeals underscores the importance for employers to make personnel decisions, such as the promotional decision involved in this case, for legitimate non-discriminatory reasons.   Bandy v. City of Salem, No. 21-1565 (4th Cir. Feb. 13,...
read more
Email Updates

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

Loading