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

Board Members Not "Employers" Under Virginia Wage Law

Kollman & Saucier

11/03/2022

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...

Kollman & Saucier

10/12/2022

Employment Discrimination, Virginia Employment Law

Documentation of and communicating about employment-related decisions, including those pertaining to employee job duties, compensation, and changes in the workplace are important for several reasons. Among those reasons are keeping employees informed of developments in the workplace and being positioned to explain to a court or administrative agency why things happened the way they did. In the case of job duties, documentation is only part of...

Kollman & Saucier

10/07/2022

Disability & Leave

The Eleventh Circuit Court of Appeals recently held a plaintiff's own testimony about his medical condition and the restrictions/limitations he experienced was sufficient on its own for a jury to be able to decide if the individual was disabled under the Americans with Disabilities Act (ADA). In Sugg v. City of Sunrise, Mr. Sugg was the Chief Electrical Inspector for the City. Shortly into his employment, he suffered a heart attack. After just...

Kollman & Saucier

10/05/2022

Agency Activity, EEOC, Sexual Orientation

A Texas federal court judge just ruled that the Equal Employment Opportunity Commission's (EEOC) June 2021 Guidance that permits exceptions for LGBT employees from certain policies on bathrooms, dress codes and locker rooms was unlawful. In Texas v. EEOC, et al., 2:21-CV-194-Z (N.D. Tex. Oct. 1, 2022), District Court Judge Matthew Kacsmaryk, a Trump appointee, found that the EEOC's Guidance had improperly interpreted the scope of the Supreme...

Darrell VanDeusen

09/29/2022

Disability & Leave

Employers are sometimes skittish about taking an adverse employment action for legitimate reasons against an employee who has exercised their protected rights, fearing the almost inevitable claim of retaliation. Indeed, it seems nearly every EEOC charge I get alleges retaliation even when the facts demonstrate it wasn’t remotely possible. That, of course, is not the way things are supposed to work. An employee does not insulate themselves...

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Email Updates

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

Documented Reorganization Aids Virginia Company’s Win In Pay Discrimination Case

Employee's Own Testimony About Their Medical Condition May Be Sufficient Evidence To Establish The Disability.

EEOC's LGBT Bathroom/Dress Code/Locker Room Guidance Gets Nixed By Another Federal Court Judge

Employer’s Independent Review Sinks FMLA Retaliation Claim

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