The Employment Brief | Employment Law | Kollman & Saucier, P.A.

Reminder to Maryland Employers: Reasonable Accommodations For Disabilities Due To Pregnancy Act Takes Effect October 1st

Kollman & Saucier

09/19/2013

Agency Activity, Employment Discrimination, Pregnancy Discrimination, Reasonable Accommodations/Undue Burden

Beginning on October 1, 2013, Maryland employers with 15 or more employees will have to comply with Maryland’s Reasonable Accommodations for Disabilities Due to Pregnancy Act. As previously reported in The Employment Brief, the new law requires employers to explore “all possible means” of providing reasonable accommodations to pregnant employees, and also establishes new notice requirements. However, employers do not have to make an...

Kollman & Saucier

09/16/2013

Agency Activity, Employment Discrimination

A Maryland federal court recently skewered the Equal Employment Opportunity Commission in its disparate impact lawsuit challenging a nationwide employer’s use of background checks on applicants. EEOC v. Freeman, No. RWT 09cv2573 (D. Md. Aug. 9, 2013). The U.S. District Court for the District of Maryland granted summary judgment in favor of the employer, heavily criticizing the EEOC’s shoddy assemblage of statistical data used in its attempt...

Kollman & Saucier

09/12/2013

Agency Activity, Labor Law

Two appellate courts have decided that the recess appointments Obama made of three NLRB members in January 2012 were made without proper legal authority resulting. therefore, with the NLRB acting without a valid quorum. Indeed, the Supreme Court has agreed to review the first such decision, Noel Canning Division of Noel Corp. v. NLRB, 705 F.3d 4901 (D.C. Cir. 2013), which held that the 2012 appointments were unconstitutional. In NLRB v. Enterprise...

Kollman & Saucier

09/12/2013

Agency Activity, Legal Developments, Same-Sex Marriage

The Treasury Department and Internal Revenue Service issued a joint news release and Revenue Ruling 2013-17, in which the agencies announced that same-sex married couples will be recognized as legally married for federal tax purposes, regardless of where they reside, so long as they were married in any U.S. state or territory, or a foreign country, that legally recognizes same-sex marriages. This ruling implements federal tax aspects of the Supreme...

Kollman & Saucier

09/06/2013

Employee Benefits

On September 5, 2013, the Treasury Department, in conjunction with the Internal Revenue Service, issued proposed rules concerning the reporting requirements for insurers and select employers mandated by the Affordable Care Act (ACA). Interested parties and the public can submit comments on the proposed regulations through early November. Once the rules have been finalized, voluntary compliance is encouraged through 2014 (during which time...

Kollman & Saucier

09/05/2013

Employer Liability, Legal Developments, Workplace Safety

On August 29th, 201, the court-appointed mediator in the consolidated concussion lawsuits filed against the NFL and other entities announced that the players and the NFL had reached a tentative agreement. The lawsuits, which had been widely reported in the wake of several high profile deaths allegedly linked to concussions suffered while playing football, were filed by over 4,500 retired football players and allege a host of claims. The...

Frank Kollman

09/02/2013

Frank Kollman's Blog

I like to think of myself as a moderate. On the other hand, I have strong opinions on many things. I try to keep an open mind with people with whom I disagree, but like Mark Crislip on Quackcast, I do have standards. Lately, I have tried to be fair and keep an open mind, but extremists have certainly made it difficult. I’m reminded of Barry Goldwater, who said: “Extremism in the defense of liberty is no vice. And moderation in the...

Peter Saucier

08/30/2013

Agency Activity, Disability & Leave

For years Americans have strived to protect individuals with disabilities and veterans from discrimination. If you can do the job, and do it well, you ought not be disadvantaged by a physical or mental impairment that does not interfere with your ability to do the job. Moreover, if you served your country in the military you ought not be treated unfairly. Now, the Office of Federal Contract Compliance Programs, a division of the Department of...

Kollman & Saucier

08/29/2013

Disability & Leave, State Law

According to a federal court in Colorado, having a prescription for medical marijuana does not excuse a failed drug test. Curry v. MillerCoors, Inc., Docket No. 1:12-cv-02471 (D. Colo. Sept 17, 2012) Paul Curry worked for MillerCoors, Inc. According to his complaint, Mr. Curry suffers from hepatitis C, osteoarthritis and pain, and he is licensed by the State of Colorado to use medical marijuana pursuant to that state’s Medical Marijuana...

Darrell VanDeusen

08/26/2013

Agency Activity, Labor Law

Even though we now have the first complete NLRB in over a decade, the fallout from the Obama Administration’s recess appointments at the Board continue to percolate through the courts. A recent decision from a federal district court in Washington state has denied the Board’s petition for an injunction against an employer because acting general counsel Lafe Solomon’s appointment was “improper” and he lacked the power to authorize an...

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Email Updates

Reminder to Maryland Employers: Reasonable Accommodations For Disabilities Due To Pregnancy Act Takes Effect October 1st

Employer Triumphs Over EEOC In Background Check Lawsuit

Fourth Circuit Gives Bad News To NLRB And Union, Again.

The IRS Has Spoken: Legal Same-Sex Marriage Recognized For Federal Tax Purposes

Treasury Department Issues Proposed ACA Reporting Rules

NFL Settles Concussion Lawsuits

Extremism and Moderation: Happy Management Day

Measuring Equality For All

Legal Pot Smoking Not Protected by Disability Discrimination Law

NLRB Takes Another Hit

Email Updates