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

Employers: Probably How Not to Win a FMLA Case

Darrell VanDeusen

04/05/2023

It’s that time of year when I update my treatise on FMLA/Wage & Hour Law (available as a part of the Labor and Employment Law multi-volume series published by Lexis/ Nexis). But enough gratuitous self-promotion. The FMLA turns 30 years old this year. It remains hard to argue with the Congressional intent of a desire to “balance workplace and family.” And, as FMLA jurisprudence has matured over the years, there are now not many...

Darrell VanDeusen

04/03/2023

Disability & Leave, Reasonable Accommodations/Undue Burden

Anyone who has engaged in the ADA’s interactive process to provide a “qualified individual with a disability” (meaning that the individual has a “mental or physical impairment” that “substantially limits one or more major life activities”) with a “reasonable accommodation” that does not involve an “undue hardship” to enable them to perform the “essential functions of the job” knows just how challenging that task can be....

Mathew Moldawer

03/31/2023

Wage & Hour

Since the beginning of the pandemic, certain industries have been hit hard by employees resigning in search of greener pastures – work/life balance and flexible work. Quit rates were high in industries including the retail, restaurant, and hospitality. While some businesses and industries have seen a rebound in hiring, hiring in those industries appear to be stagnant. While incentives such as signing bonuses have been used to attract new...

Mathew Moldawer

03/28/2023

Biometric Data, State Law

The Maryland legislature introduced House Bill 33: Biometric Data Privacy Act (the Act). The Act defines “Biometric data” as data generated by automatic measurements of the biological characteristics of an individual, such as a fingerprint, a voiceprint, an eye retina, an eye iris, or any other unique biological patterns or characteristics, that is used to identify a specific individual. Not included is a physical or digital photograph, a...

Mathew Moldawer

03/27/2023

COVID-19, First Amendment Protections, Religious Discrimination

The world is seemingly going back to pre-Covid normalcy. Masks, while still present some places, no longer litter the trashcans outside grocery stores and restaurants. People are taking a big breath of fresh air, and not just six feet from someone. Nevertheless, litigation concerning Covid and company policies regarding the vaccine linger in courts around the U.S. One such case has seemingly come to an end and the company is out of a...

Kollman & Saucier

03/20/2023

FLSA Exemptions, Wage & Hour

On March 15, 2023, the Third Circuit Court of Appeals issued its opinion of first impression in Higgins v. Bayada Home Health Care, Inc., Case No.: 21-3286, ___ F.4th ___ (Mar. 15, 2023), affirming the United States District Court for the Middle District of Pennsylvania decision granting summary judgment in favor of Bayada Home Health Care, Inc. (“Bayada”). The issue in this case was whether Bayada’s practice of docking accrued paid time off...

Kollman & Saucier

03/14/2023

Paid Leave, State Law

On Monday, March 13, 2023, Illinois’ governor J.B. Pritzker signed into law the Paid Leave for All Workers Act. With his signature, Illinois joins Nevada and Maine as states that require employers to provide mandatory universal paid time off. Illinois’ law becomes effective January 1, 2024. This is an interesting turn of the tide from even 10 years ago where mandatory sick leave was a fringe idea. The first state to enact a private sector...

Kollman & Saucier

03/06/2023

Age Discrimination

The Age Discrimination in Employment Act (ADEA) protects individuals who are 40 years of age or older from employment discrimination based on their age. A recent decision from the Fourth Circuit Court of Appeals underscores the importance for employers to make personnel decisions, such as the promotional decision involved in this case, for legitimate non-discriminatory reasons. Bandy v. City of Salem, No. 21-1565 (4th Cir. Feb. 13,...

Kollman & Saucier

03/03/2023

Lactation In The Workplace

As I blogged about earlier last month, the DOL issued amendments to the Fair Labor Standards Act that significantly expanded the obligations to provide lactation accommodations and other protections for nursing mothers (the Providing Urgent Material Protections for Nursing Mothers (PUMP) Act). Briefly, employers must provide reasonable break time as needed and a private place, other than a bathroom, for nursing mothers to express breast milk for...

Kollman & Saucier

03/02/2023

Confidentiality, NLRB, Severance Agreements

All employers (yes, including non-unionized employers) need to consider removing from any severance agreements entered into with employees leaving the organization, generalized language that prohibits the employee from disparaging the organization (or its affiliates, officers, directors, employees, and the like) as well as requiring the employee to keep the severance agreement, events leading up to it, and any negotiations as confidential. In...

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Email Updates

Employers: Probably How Not to Win a FMLA Case

“Most Qualified” v. ADA Accommodation: Who Wins?

Are Kids the Key to Solving the Hiring Crisis?

An Eye to the Future and a Finger on the Pulse of Technology - Biometric Data Regulations

“Preserve” Your Constitutional Rights, But Not Against A Private Employer

Third Circuit Rules Docking PTO Under Production Standard Does Not Run Afoul Of FLSA Exemption

Is This a Thing Now? Mandatory Universal Paid Time Off.

City Survives Age Discrimination Claim From Employee Denied Promotion

Department of Labor Issues Resources On Nursing Mother Protections

NLRB Reverses Position and Invalidates Non-Disparagement and Confidentiality Clauses Within Severance Agreements

Email Updates