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

Protecting Your Business From the Unexpected

Frank Kollman

06/07/2022

While you have heard this expression a thousand times, it is worth repeating: "It is better to have a good customer than a good contract." If a project has gone as well as can be expected, the terms of the contract become almost meaningless. In fact, if you had to go to the contract to resolve a dispute, there was a failure of some sort. Contracts are more important when things go wrong than when things go right. Unfortunately, things often go...

Darrell VanDeusen

06/06/2022

Labor Law, NLRB

I last blogged in April and wrote about the next generation of union organizing and the current efforts by the NLRB’s General Counsel to overturn long standing Board precedent. Increased efforts to organize Starbucks, Amazon and Apple cannot and should not be ignored. And lots of media attention is directed at the issue. Often, however, the view is that it’s conscience shocking to believe some employees might NOT want to be in a union. ...

Kollman & Saucier

06/03/2022

Public Sector Employment Law, Race Discrimination, Virginia Employment Law

The United States Court of Appeals for the Fourth Circuit recently denied an Alexandria, Virginia firefighter's claim that he was denied a promotion to a paramedic position because he is Black. Lyons v. City of Alexandria, No. 20-1656 (4th Cir. 6/1/22). The Court affirmed a grant of summary judgment to the City of Alexandria, finding that the Appellant had misunderstood the City's promotion policy and failed to present any evidence of racial...

Kollman & Saucier

06/01/2022

Restrictive Covenants, Virginia Employment Law

A federal court in Richmond, Virginia recently held that a Massachusetts employee who left the company and began soliciting former clients was required to defend her actions in a Virginia court, even though she never worked in Virginia. The Hill Group of New England, LLC, v. Susan LePage, No. 3:21cv757 (E.D. Va. 5/16/22). The decision is a stark reminder that employees who sign restrictive covenant agreements as part of their employment need to...

Kollman & Saucier

06/01/2022

Firm News

Join Kollman & Saucier attorneys, Garret Wozniak and Bernadette Hunton, for a discussion about Maryland’s new paid family and medical leave law, the Time to Care Act of 2022, and other recently passed legislation impacting businesses in Maryland. We know you have many questions such as: When doe the Time to Care Act of 2022 take effect? Which employers are covered by the Act? For what reasons can employees receive paid leave under the...

Kollman & Saucier

05/27/2022

Labor Law, NLRB

On May 20, 2022, the U.S. Court of Appeals for the Third Circuit issued its decision in FDRLST Media, LLC, v. NLRB, 2022 U.S. App. LEXIS 13664 (3d Cir. May 20, 2022), holding that a non-related party could pursue an unfair labor practice (ULP) claim against the right-leaning online magazine The Federalist. The court also held, however, that no ULP was committed by the editor’s tweet about sending employees back to the “salt mine.” In...

Jordan Dunham

05/22/2022

Sexual Harassment, Virginia Employment Law

Communications between an attorney and its clients are privileged, and must not be shared in discovery. However, when that privilege is waived, communications between a client and the attorney lose their protection and become discoverable. That is what a U.S. District Court Judge concluded in a lawsuit filed in the U.S. District Court for the Western District of Virginia. In Jennifer Berry Brown v. Town of Front Royal, VA, Civil Action...

Jordan Dunham

05/18/2022

COVID-19, Public Sector Employment Law

On April 21, 2022, New York Judge Judy H. Kim denied a request for a preliminary injunction filed by various unions on behalf of approximately 1,300 unvaccinated New York City (NY City) employees who were terminated from their positions on February 11, 2022. The Plaintiffs in this case seek declaratory relief from the court, claiming their termination was in violation of their due process rights as well as a permanent injunction to require the...

Kollman & Saucier

05/13/2022

Agency Activity, Disability & Leave

For the first time, the EEOC has issued guidance on how to comply with the Americans with Disabilities Act (ADA) when using artificial intelligence (AI) for employment decision-making. Overall, the Q&A document reiterates familiar principles of ADA law: (1) provide reasonable accommodations for an applicant/employee with a disability; (2) don’t use testing tools that intentionally or unintentionally screen out disabled individuals; and (3)...

Kollman & Saucier

05/11/2022

FMLA, Paid Leave

Yesterday, Delaware became the latest state to pass a law requiring private employers to participate in an insurance program that will provide paid family and medical leave to workers who meet certain eligibility requirements. The Healthy Delaware Families Act (Act) is similar to Maryland’s recently-passed Time to Care Act, as well as laws in 10 other jurisdictions that aim to ensure employees have access to paid time off for family and medical...

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Email Updates

Protecting Your Business From the Unexpected

NLRB: No Union, No More Was OK

Fourth Circuit Denies Alexandria Firefighter's Race Discrimination Claim

Virginia Court Enforces Forum Selection Clause

NEW MARYLAND EMPLOYMENT LAWS 2022: FREE ZOOM WEBINAR THURSDAY JUNE 23, 2022- 12:00 PM TO 1:00 PM

“Back to the Salt Mine” Not Anti-Union Threat, Says Third Circuit

Attorney’s Participation in Sexual Harassment Investigation Waives Attorney-Client Privilege

New York State Trial Court Denies Union’s Request for Preliminary Injunction to Restore Unvaccinated Employees

EEOC Issues New Guidance On ADA-Compliant Use of AI For Employment Decision-Making

Delaware Enacts Family and Medical Paid Leave Law

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