New Hampshire and Virginia Provide Voluntary Paid Family Leave

Mathew Moldawer
Mathew Moldawer
05/16/2023
At the time of this article, California, Connecticut, the District of Columbia, Massachusetts, New Hampshire, New Jersey, New York, Rhode Island, Virginia, and Washington have paid family leave laws in the books.  Colorado, Delaware, Maryland, and Oregon have paid family leave laws that are to take effect in the upcoming years. These plans all contain their own idiosyncrasies. Some, such as Connecticut, New Jersey, New York, and Rhode Island are...
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OSHA Institutes New Emphasis Program on Fall Prevention and Protection

Mathew Moldawer
Mathew Moldawer
05/11/2023
It is no doubt that the construction industry can be a dangerous place to work.  Masons, steel erectors, electricians, and other laborers work diligently and most of the time, safely, to meet critical contractual deadlines. Inevitably, accidents happen.  Improper trenching or excavation, improper storage of materials, or similar missteps can result in serious injuries or even death.  Recently, the Occupational Safety and Health Administration...
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Time To Care Act Is Still Coming, But It Is Delayed

Kollman & Saucier
Kollman & Saucier
05/09/2023
As we previously reported, last spring Maryland passed the Time to Care Act (“TTCA”).  Under the TTCA, Maryland joined a growing number of states that will offer a government administered paid family leave program to employees in the state.  The new program’s benefits and requirements were detailed back in April 2022. Originally the TTCA was set to go into effect beginning October 1, 2023, once the state issued regulations by June 1,...
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National Labor Relations Board Changes its Mind (Again) – Reverts to Previous Rule on Disciplining Misconduct Occurring in Connection with Protected Activity

Kollman & Saucier
Kollman & Saucier
05/04/2023
It is no secret that the National Labor Relations Board’s (“NLRB” or the “Board”) General Counsel Abruzzo is pushing a pro-union/employee agenda.  She stated as much in 2021 when she released her 10-page memo to NLRB staff outlining that under her leadership, the NLRB would focus on reviewing the “numerous adjustments to the law, including a wide array of doctrinal shifts” that occurred under the NLRB’s prior leadership.  Don’t...
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EEOC Issues Harassment Prevention and Response Guidance

The EEOC has issued guidance on “Promising Practices for Prevention and Addressing Harassment in the Federal Sector.”  While the guidance provides recommended practices for federal government workplaces, it offers sound advice for other public sector and private sector employers.  Here is a sampling of the EEOC’s recommendations that are applicable to other employers too: Annually issue and distribute to all employees, and prominently post,...
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Maryland Minimum Wage To Increase to $15/Hour On January 1, 2024

The legislature has updated the scheduled increases to the State’s minimum wage.  For small employers (those with fewer than 15 employees), the State minimum wage is $12.80 per hour as of January 1, 2023.  For employers with 15 or more employees, the State minimum wage is $13.25 per hour as of January 1, 2023. The minimum wage rate will increase to $15 per hour on January 1, 2024 for all employers, regardless of size. The legislature also...
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New NLRB Joint Employer Rule Coming This Summer

Kollman & Saucier
Kollman & Saucier
04/19/2023
In September 2022, the National Labor Relations Board (NLRB) issued its proposed rule on the Standard for Determining Joint-Employer Status under the National Labor Relations Act (NLRA).  This rule, which is a return to the Obama-era standard, states entities are joint employers if they "share or codetermine those matters governing employees' essential terms and conditions of employment."  Significantly, under this rule, the authority alone to...
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FCRA Compliance: Summary of Consumer Rights Is Updated

The Consumer Financial Protection Bureau (CFPB) updated its Final Rule on the Fair Credit Reporting Act (FCRA) Summary of Consumer Rights and it includes various changes and corrections that are largely non-substantive (contact information corrections; deleting the term "Federal Land Banks").  Employers and consumer reporting agencies are required to provide the Summary to employees and applicants per the FCRA.  Employers must do so with every...
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Public School Did Not Discriminate Based On Religion By Requiring High School Teachers To Address Students By Preferred Names And Pronouns

Kollman & Saucier
Kollman & Saucier
04/14/2023
Brownsburg Community School Corporation (“Brownsburg” or the “School”) is a public school corporation in Brownsburg, Indiana.  Its high school teachers are required to call all students by the names and pronouns registered in the School’s official student database.  John Kluge, the sole music and orchestra teacher at Brownsburg High School, objected on religious grounds to using the first names of transgender students to the extent that...
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ALJ Finds Employer Violated Federal Law By Reinstating Employee Subject To A Last Chance Agreement Containing A Broad Non-Disparagement Provision

Kollman & Saucier
Kollman & Saucier
04/13/2023
The recent case Challenge Mfg. Holdings, Inc., Case 07-CA-286573 (2023), demonstrates how some judges may apply the National Labor Relations Board’s recent decision in McLaren Macomb, 372 NLRB No. 58 (2023), which held that an overly broad non-disparagement provision in a severance agreement was unlawful under the National Labor Relations Act (the “Act”). The provision at issue in McLaren Macomb prohibited employees who accepted severance from...
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