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

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

Kollman & Saucier

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...

Peter Saucier

02/17/2023

Public Sector Employment Law

Public school budgets are intricate, often byzantine, documents. Governing bodies of educational institutions are charged by law to budget salaries and compensation for all employees. When employees are represented by a collective bargaining representative a negotiated agreement about wages can be calculated and factored into the budget equation. Employers can handle that with relative dispatch. Many public sector employers enter into...

Kollman & Saucier

02/13/2023

Legislative Developments, State Law

The Maryland General Assembly is considering legislation that would make the Free State the first in the nation to give employers tax incentives to give their employees more free time. The proposal would offer employers with 30 or more employees tax incentives if they tested a four-day workweek schedule and allowed the state Department of Labor to research the impact of the change through employee surveys, interviews and "other information...

Darrell VanDeusen

02/10/2023

Labor Law

The turn of the phrase “labor pains” when talking about union organizing is now an old, trite (and stupid, while meant to be humorous) expression. But it’s one I heard used regularly when I was a baby lawyer in the mid-1980s. K&S posted a number of blogs in 2022 regarding the new wave of union organizing. Moreover, a quick inquiry to your favorite search engine will show you that there is a resurgence in organizing. It has not...

Darrell VanDeusen

02/07/2023

Whistleblowers

I don’t often take a deep dive into the False Claims Act. But a recent case got my attention. That’s because I am both a (former adjunct) professor and a scuba diver. So, when those issues converge in a lawsuit what else can I do but write about them. United States v. Parsons-Hietikko, 19-cv-7705-RA (S.D.N.Y. Jan. 27, 2023). First, let’s talk about what we’re talking about. The federal False Claims Act, 37 U.S.C. §3729 et seq....

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Email Updates

“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

DO MINIMUM HOURS OF WORK EQUAL WAGES?

Maryland Considering Tax Breaks for Four-Day Workweeks

What to Expect When you are Expecting: Labor Pains

Let’s See if Nemo is HIV Positive

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