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

Time To Care Act Is Still Coming, But It Is Delayed

Kollman & Saucier

05/09/2023

Maryland Law, Paid Leave, Time To Care Act

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,...

Kollman & Saucier

05/04/2023

Labor Law, Protected Concerted Activity

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...

Kollman & Saucier

05/01/2023

Agency Activity, EEOC, Employment Discrimination, Hostile Work Environment

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,...

Kollman & Saucier

04/27/2023

Legislative Developments, Restrictive Covenants, State Law, Wage & Hour

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...

Kollman & Saucier

04/19/2023

Agency Activity, Joint Employer, Labor Law

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...

Kollman & Saucier

04/18/2023

Fair Credit Reporting Act (FCRA), Hiring Process

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...

Kollman & Saucier

04/14/2023

Religious Discrimination

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...

Kollman & Saucier

04/13/2023

Labor Law, Non-Disparagement Clauses

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...

Vincent Jackson

04/06/2023

Exemptions - Wage and Hour, Wage & Hour

When flying, many passengers have experienced that moment of turbulence, that disconcerting jolt of the aircraft. During the precious seconds that follow, you may have offered a quick prayer that the pilot draw on his years of experience, education and expertise to guide the plane to safety. You may have additionally marveled that any human being could exert control over an object as large and complex as a commercial jet. Small wonders,...

Peter Saucier

04/05/2023

Agency Activity, Employment Discrimination

Every person who claims to be discriminated against by an employer has the right to have that charge examined by the Maryland Commission for Civil Rights (MCCR). The claims of charging parties are fully investigated by the MCCR, including procedures to obtain documents, data and testimony. That process includes an appeal within the MCCR, and the right to seek further review in the Maryland Circuit Court system. Employers confronted with charges...

< 1 … 7 8 9 10 11 12 13 14 15 16 17 … 128 >

Email Updates

Time To Care Act Is Still Coming, But It Is Delayed

National Labor Relations Board Changes its Mind (Again) – Reverts to Previous Rule on Disciplining Misconduct Occurring in Connection with Protected Activity

EEOC Issues Harassment Prevention and Response Guidance

Maryland Minimum Wage To Increase to $15/Hour On January 1, 2024

New NLRB Joint Employer Rule Coming This Summer

FCRA Compliance: Summary of Consumer Rights Is Updated

Public School Did Not Discriminate Based On Religion By Requiring High School Teachers To Address Students By Preferred Names And Pronouns

ALJ Finds Employer Violated Federal Law By Reinstating Employee Subject To A Last Chance Agreement Containing A Broad Non-Disparagement Provision

The Limits of the FLSA Exemption for “Learned Professionals”

Maryland Court Reins in Appeal Rights From MCCR Determinations

Email Updates