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

Telework Requests Remain Tricky for Employers

Kollman & Saucier

11/17/2022

Often, an employee will present a doctor’s note recommending telework, or saying an employee may return to work remotely. Suppose the employee’s job can be performed remotely. Does the employer have to allow telework? Or is the employer entitled to more information before deciding what to do? In Owens v. Georgia, the U.S. Court of Appeals for the Eleventh Circuit recently explained what information a disabled employer must provide to her...

Kollman & Saucier

11/16/2022

Legislative Developments, Sexual Harassment

On November 16, 2022, the House of Representatives passed a bill that will nullify some nondisclosure agreements (NDAs) signed by employees who assert claims of sexual harassment or assault. The bill, known as The Speak Out Act (S. 4524), passed the Senate unanimously in September. It will now head to President Biden for his signature. In the findings prefacing the bill, Congress wrote, “[n]ondisclosure and nondisparagement provisions in...

Darrell VanDeusen

11/10/2022

Wage & Hour

It’s that time of year when I update my FMLA/Wage and Hour treatise (available as a part of the Lexis/Nexis Labor and Employment Law set). I am still surprised by stuff I learn for the first time when I do this. For example, I had never thought about something called “gap time.” So, maybe it’s something new (and possibly of interest) to you as well. The FLSA requires employers to pay non-exempt employees both a minimum wage and...

Darrell VanDeusen

11/08/2022

Employment Discrimination

After nearly 38 years as an employment lawyer, there are some old saws of mine I pull out (rarely, thank goodness) when talking to clients. For example, after discussing the underlying issues in a pesky employment matter, a member of management might say “why can’t we just fire this person…?” My go-to response is “well, yes, Congress knew some people felt that way and that’s why they passed a law against it.” As most folks...

Kollman & Saucier

11/03/2022

Virginia Employment Law, Wage & Hour

On October 13, 2022, the Supreme Court of Virginia held that a company's board members are not "employers" who can be held liable for unpaid wages under Virginia Code Section 40.1-29(j). Cornell, et. al. v. Benedict, et.al. (No. 210934). In so holding, the Court ruled that the statute's definition of employer is more narrow than that used in the Fair Labor Standards Act or the Virginia Minimum Wage Act. The appellants worked as therapists at...

Kollman & Saucier

10/31/2022

Labor Law, NLRB

On October 31, 2022, the General Counsel to the National Labor Relations Board, Jennifer Abruzzo, issued a memorandum on the legality of an employer's use of electronic surveillance and algorithm-driven management. In Memorandum GC 23-02, the General Counsel announced her intention to seek a new legal framework to analyze whether the use of such tools in the workplace violates the National Labor Relations Act. Over the past decade, employers...

Kollman & Saucier

10/28/2022

Wage & Hour

A common misconception in the food service industry is the thought that there is a “server’s minimum wage.” To be clear, there is no server’s minimum wage. There is the federal minimum wage, currently $7.25 per hour, set by the Fair Labor Standards Act (“FLSA”), and some states have a higher state minimum wage. In Maryland, for example, the minimum wage as of January 2023 will be $13.25 per hour (through December 31, 2022, the...

Kollman & Saucier

10/24/2022

Labor Law

Things are really heating up between Apple, Inc. (“Apple”) and the Communication Workers of America, AFL-CIO (“CWA”). The CWA has been campaigning at numerous Apple retail stores, attempting to gain a foothold in the sector. Earlier this year, an Apple store in Towson, Maryland voted to unionize, becoming Apple’s first US unionized location. That store’s employees are represented by the International Association of Machinists and...

Vincent Jackson

10/20/2022

Labor Law, Union Activity

In a fascinating intersection of labor relations and trademark law, Medieval Times has sued a newly-formed union for improperly adopting and using its MEDIEVAL TIMES® trademark. The case, filed in the United States District Court for the District of New Jersey on October 13, 2022, seeks an injunction against the Union—Medieval Times Performers United—for unauthorized misappropriation of the MEDIEVAL TIMES mark. Medieval Times (the...

Kollman & Saucier

10/14/2022

Agency Activity, Independent Contractors, Wage & Hour

The United States Department of Labor has issued a proposed rule that will significantly impact worker classification under the Fair Labor Standards Act (FLSA). The proposal, released Tuesday, October 11, 2022, is a departure from the standard adopted during the Trump administration. The FLSA generally requires covered employers to pay nonexempt employees at least the federal minimum wage for all hours worked and at least one and one-half times an...

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Email Updates

Telework Requests Remain Tricky for Employers

House Passes The Speak Out Act

Mind the Gap Please

Yeah, Congress Knew Some Folks Felt That Way

Board Members Not "Employers" Under Virginia Wage Law

NLRB General Counsel Issues Guidance on Employer Use of Electronic Surveillance

Is Your Restaurant’s Hourly Pay and Tip Pool Practice Lawful?

Running a Business? Having Someone to Call for Labor Advice is a Good Idea

Medieval Times Files Trademark Lawsuit Against Newly-Formed Union

DOL Unveils Revamped Independent Contractor Test

Email Updates