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

Maryland Governor Signs New Law to Enforce Wage Claims

Kollman & Saucier

05/21/2013

Legal Developments, Legislative Developments, State Law, Wage & Hour

Last week, Maryland Gov. O'Malley signed into law the "Lien for Unpaid Wages Act." This new law, SB 758, allows employees to file a lien against their employer’s real or personal property for unpaid wages allegedly due them. Once the employee files a lien, the employer must file a complaint setting forth its defenses in the Circuit Court where the employer's property is located within 30 days. If the employer fails to do so, the employee will have...

Kollman & Saucier

05/19/2013

Employment Discrimination, Genetic Information

The Genetic Information and Nondiscrimination Act (GINA) was enacted in 2008 and became effective for employment purposes on November 21, 2009. GINA makes it unlawful for an employer to “request, require, or purchase” an individual’s genetic information, which includes the “manifestation of a disease or disorder” in the individuals’ family members. While there is a sizeable list of prohibitions that GINA has put in place, the biggest...

Frank Kollman

05/17/2013

Frank Kollman's Blog

Yesterday, our new website went “live.” I want to thank John Armistead of Armistead Technologies for his many years as our webmaster (and designer of our prior website). Armistead Technologies specializes in reverse engineering (you can look it up), and John had reduced the number of websites he managed over the past few years to devote more time to his core business. Our new webmaster will continue the high quality website that John...

Kollman & Saucier

05/16/2013

Independent Contractors, Wage & Hour

In today’s workplace, most employers rely upon outside vendors to supply security services. What employers may not know is that the fact that the security guards are not their own employees does not necessarily mean that the employer is not liable for violations of employment laws. The answer to the liability question turns in large part on how much control the employer has over the terms of employment for the guards. On May 14, 2013, a federal...

Frank Kollman

05/10/2013

Business Law, Firm News, Frank Kollman's Blog

On May 2, 1988, Pete Rose was suspended 30 days for pushing an ump, the Orioles signed a 15-year lease to stay in Baltimore, and I put up a handwritten sign on the 8th Floor of the Sun Life Building to announce that K&S was open for business. My partner joined me six days later, and with one computer, one printer, telephones (no mobile phones yet) and temporary office space (we moved to the 9th Floor several weeks later), we started a new law...

Kollman & Saucier

05/09/2013

Agency Activity, Labor Law, Union Activity

On May, 7, 2013, the United States Court of Appeals for the D.C. Circuit held that the National Labor Relations Board lacked the authority to issue a 2011 rule which would have required all employers covered by the National Labor Relations Act (“NLRA”) to post a workplace notice to employees. The decision, National Association of Manufacturers v. NLRB, drove yet another stake in the heart of the Obama NLRB’s activist agenda. As...

Kollman & Saucier

05/08/2013

Arbitration, Employment Discrimination

Quality Restaurant Concepts, LLC (perhaps better known as Applebee’s), maintains an internal dispute resolution (IDR) process and an Employment Arbitration Policy. The company’s arbitration policy covers Title VII claims, and the IDR policy set a 20-day deadline for employees to pursue claims of discrimination. Under the arbitration policy, Applebee’s employees are required to complete the IDR process before participating in arbitration. ...

Kollman & Saucier

05/07/2013

Labor Law, Legislative Developments, Public Sector Employment Law, Union Activity

Over the past two weeks, we have heard a lot about the scandal at the Baltimore City Detention Center, where guards allegedly conspired with members of a notorious prison gang to traffic drugs, cell phones, and sexual favors. In case you missed this, the leader of the gang (the Black Guerilla Family) fathered five children with four female prison guards and was heard telling an acquaintance in a wiretapped call “This is my jail …. I make every...

Kollman & Saucier

05/06/2013

Employment Discrimination, Retaliation

On May 1, 2013, Maryland’s newest federal judge, George Levi Russell, III, dismissed a lawsuit filed by a former employee of a kidney dialysis clinic near Baltimore. In Ezeh v. Bio-Med. Applications of Md., No. 11-3411 (D. Md. 2013), Judge Russell granted summary judgment to the employer and dismissed plaintiff’s claims of retaliation and race and national origin discrimination. The plaintiff, Perpetua Ezeh, is of Nigerian descent and worked...

Kollman & Saucier

04/16/2013

Legislative Developments

Citing the lack of paid sick days for workers, and the associated costs of sick workers showing up for work, Senator Tom Harkin (D–Iowa) and Representative Rosa DeLauro (D–Connecticut) on March 20, 2013 reintroduced the Healthy Families Act (Sen. 631 and H.R. 1286). The bill would allow workers to accumulate up to 56 hours of paid sick time to be used when they or family members were ill. The bill was first introduced in 2004. Affecting...

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Email Updates

Maryland Governor Signs New Law to Enforce Wage Claims

GINA Gets Her First Class Action Suit

A Fresh Blog

Bank is Not Joint Employer of Security Guards Under FLSA

Twenty-Fifth Anniversary

NLRB Notice Rule Struck Down

20-Day Window Too Short A Time To File Internal Complaint Of Discrimination

Unions, Gangs and Prison Scandals

Maryland Judge Dismisses Discrimination and Retaliation Claims

Sick Pay Law Reintroduced

Email Updates