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

Proposed Maryland Legislation Would Eliminate Non-Compete Obligations For The Unemployed!

Kollman & Saucier

12/31/2012

Employment Contracts, Legislative Developments, State Law, Unemployment Insurance

It may not be as ominous as the Fiscal Cliff, but Maryland employers should take heed: there is legislation proposed for the upcoming General Assembly session that would render inapplicable a valid non-competition agreement between an individual and his or her prior employer under certain circumstances. Senate Bill 51, which would amend the Labor and Employment Article of the Maryland Annotated Code, provides that if any individual applies for and...

Kollman & Saucier

12/20/2012

Litigation, Wage & Hour

Three former Rite Aid pharmacists filed a class action suit against the national retain drugstore chain, seeking overtime pay under state and federal laws. The professionals contended that Rite Aid’s unpaid personal leave policy disqualified them from exempt status under the Fair Labor Standards Act (FLSA), and impermissibly reduced their salaries. Maryland’s federal district court granted summary judgment for Rite Aid, finding that the...

Kollman & Saucier

12/19/2012

Business Law

Beginning the first of the year, the Consumer Financial Protection Bureau (CFPB) will administer the Fair Credit Reporting Act (FCRA). The FCRA governs substantive and procedural requirements for employers who use consumer reports and records for employment purposes, among other things. In anticipation of this change, the CFPB issued an interim final rule in December 2011, which includes a variety of model forms. As a practical matter, these...

Kollman & Saucier

12/18/2012

State Law, Wage & Hour

Companies with operations in multiple states will want to take note of the minimum hourly wage increases that are being implemented on January 1, 2013 in various states: Arizona is increasing its minimum hourly wage from $7.65 to $7.80. The minimum wage for tipped employees increases from $4.65 to $4.80. Colorado will increase its minimum wage from $7.64 to $7.78. Minimum wage for tipped employees will go from $4.62 to $4.76. Florida is...

Kollman & Saucier

12/18/2012

Litigation, State Law, Workplace Safety

A federal appellate court has ruled that the employer of a woman raped by a co-worker is not liable for negligent hiring when it failed to conduct a background check on the co-worker, even though the employee had prior convictions for sexual crimes. Keen v. Miller Environmental Group, _F. 3d. _ (5th Cir. 12/10/12). The court held that Mississippi law did not impose a generalized duty to conduct background checks, regardless of whether the employer...

Kollman & Saucier

12/12/2012

Labor Law, Legislative Developments

On Monday, President Obama told a Michigan audience that he opposes right to work laws because "unions have helped build not just a stronger middle class but a stronger America." If the gentlemen shown in this video from yesterday's protests at the Michigan state house are representative of union membership, we don't need this kind of "stronger America" - unless we are in need of casting for a remake of Rocky...

Kollman & Saucier

12/11/2012

Labor Law, State Law

The Republican heavy Michigan Statehouse today passed “right to work” legislation that will significantly weaken a union’s powers. Michigan’s Governor, Rick Snyder, announced that he would sign the legislation which would permit public and private sector workers at union-represented companies to forgo paying union dues as a condition of employment. Michigan, of course, is the birthplace of the United Auto Workers, and nearly 18% of its...

Kollman & Saucier

12/07/2012

Disability & Leave

The Uniformed Services Employment and Reemployment Rights Act (USERRA) contains an “escalator principle” which requires that employers place service members returning to work into the position the service member would have had but for his or her service–the “escalator position.” In other words, if an employee would have been a supervisor had he not been called to active duty, USERRA requires that the employee be placed into that...

Darrell VanDeusen

12/03/2012

Employment Discrimination, Litigation

I love to read Judge Richard Posner’s opinions and agree with most of them. He is probably the most significant non-Supreme Court Justice in the country. But a recent decision of his from the Seventh Circuit leaves me contemplating the potential for abuse by crafty plaintiffs. In Begolli v Home Depot, 2012 U.S. App. LEXIS 24546 (7th Cir. November 29, 2012), the court returned a pro se plaintiff’s case to the district court for a trial on...

< 1 … 112 113 114 115 116 117 118 119 120 121 122 … 129 >

Email Updates

Proposed Maryland Legislation Would Eliminate Non-Compete Obligations For The Unemployed!

Rite Aid’s Full-Day Unpaid Leave Policy Valid under FLSA

Revised FCRA Notices For The New Year

Be Prepared For Various State Minimum Wage Increases Effective January 1, 2013

Employer Not Liable for Failing to Do Background Check on Employee Who Raped Coworker

Unions Make America "Stronger" - Really?

Michigan Bill That Weakens Union Power Passes in State Legislature

“Laid Off” and “Terminated” are Valid Escalator Positions Under USERRA

Timeliness of Title VII Action to be Decided by the Jury

Email Updates