How a $50 Garnishment Error Spawned a Class Action Lawsuit

Kollman & Saucier
Kollman & Saucier
04/25/2014
This case should serve as yet another example of the long and winding road that litigation can take when a seemingly minor issue is seen as something more. Maryland’s Court of Appeals recently issued its opinion in Bonita Marshall v. Safeway, Inc., No. 56, September Term.    In Safeway, Ms. Marshall was an employee of Safeway who was subject to a creditor’s wage garnishment in 2009.  When presented with the garnishment, Safeway calculated...
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Take the Money and Run - or Not

Kollman & Saucier
Kollman & Saucier
04/23/2014
During the past few years, more and more employers have found themselves in the unenviable position of having to lay off workers due to the economy.  Of course, the sting is felt more acutely by the laid off worker.  In order to lessen the sting and retain goodwill, employers sometimes grant the separated employee severance.  While most employers know that severance payments are wages for income tax purposes and, thus, income tax must be withheld...
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Diabetic Employee May Have Right to Snack on Employer's Products as Reasonable Accomodation

Kollman & Saucier
Kollman & Saucier
04/17/2014
According to a federal court in California, a jury should decide whether the drugstore giant Walgreens violated federal law by firing a diabetic worker who opened a bag of chips during an alleged hypoglycemic attack without first paying for them.  EEOC v. Walgreen Co., No. 3:11-cv-04470 (N.D. Cal. Apr. 11, 2014). Josefina Hernandez (“Hernandez”), a cashier at Walgreens’ South San Francisco store, was on duty when she opened a $1.39 bag of...
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Transsexual’s Volunteer Status Did Not Bar Her Sex Bias Claims

Kollman & Saucier
Kollman & Saucier
04/15/2014
The United States District Court for the District of Maryland held that a former U.S. Capitol Police sergeant’s volunteer status did not bar her sex bias claim against the Howard County, Maryland Police Department (the “County”).   Finkle v. Howard Cnty, No. JKB-13-3236 (D. Md. Apr. 10, 2014).  The fact that the County rejected Tomi Boone Finkle (“Finkle”) for a position with a volunteer patrol did not exclude her from coverage on the...
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Parental Leave Act Passed by Maryland General Assembly

The 2014 session of the Maryland General Assembly came to a close Monday night, ending a 90-day term in which state lawmakers passed numerous laws, including legislation raising the state’s minimum wage.  Maryland’s minimum wage will increase to $8/hour on January 1, 2015, and gradually rise to $10.10/hour in 2018. Included among the State’s new laws is the Parental Leave Act, which requires certain employers to provide unpaid parental leave...
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Reasonable Accommodation Obligation Does Not Give Deaf Employee Right to Be a Bully

Kollman & Saucier
Kollman & Saucier
04/09/2014
A recent opinion out of  the Fourth Circuit  Court of Appeals provides a good reminder:  sometimes, no matter what their "protected status," an employee’s behavior warrants dismissal.  In Pearlman v. Pritzker, No. 13-1563 (4th Cir. Apr. 3, 2014), the Fourth Circuit concluded that a federal agency lawfully fired an insubordinate employee who had a "black-list" and was known for angry outbursts. Michael Pearlman was hired by the National Oceanic...
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NLRB Strikes Down Hospital Rule Against Workplace "Negativity"

Kollman & Saucier
Kollman & Saucier
04/03/2014
I remember my fourth grade teacher, Mrs. Wilbourne, telling us a very important rule: "if you don't have anything nice to say about someone, don't say anything at all."  Well, its a good thing the current NLRB was not around back then, because it looks like they would have had a problem with that rule. In Hill and Dales General Hospital, 360 NLRB No. 70 (April 1, 2014), a hospital decided to change its culture, which was plagued by "back-biting and...
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NLRB Signals What's On Its Agenda

Kollman & Saucier
Kollman & Saucier
04/01/2014
Each year the General Counsel to the National Labor Relations Board meets with labor attorneys at the American Bar Association's Midwinter meeting of the Labor and Employment Section. In this meeting, the General Counsel answers questions about the  Board's case handling processes and priorities. On March 26, 2014, the NLRB released a memorandum summarizing the information provided by the General Counsel in this year's meeting.  For those of you...
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Breaking News - Gender Identity Protection Likely in Maryland

Darrell VanDeusen
Darrell VanDeusen
03/29/2014
On March 27, the Maryland House of Delegates, 82-57, passed a bill banning discrimination on the basis of gender identity. The same bill passed the state Senate earlier this month, 32-15. Governor O’Malley has stated he will sign it into law. Once signed, it is likely the law will take effect October 1, 2014. Maryland will join 17 other states and D.C. in adding Gender Identity as a protected class to anti-discrimination laws. Senate Bill 212 is...
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Supreme Court Hears ACA Contraceptive Mandate Cases

Darrell VanDeusen
Darrell VanDeusen
03/26/2014
On March 25, the Supreme Court heard oral argument on the validity of the women’s preventive services mandate under the Affordable Care Act (ACA) in two companion cases, Sebelius v. Hobby Lobby Stores, Inc., 2013 U.S. LEXIS 8418, granting cert. from 723 F.3d 1114 (10th Cir. 2013), and Conestoga Wood Specialties Corp. v. Sebelius, 2013 U.S. LEXIS 8419 granting cert. from 724 F.3d 377 (3d Cir. 2013). Also known as the “contraception mandate,”...
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