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

Second and Third Opinions In FMLA Cases

Kollman & Saucier

04/22/2022

The United States District Court for the Middle District of Pennsylvania recently addressed the proper role of employer-sought second opinions, as well as third opinions, in FMLA cases. Wert v. The Pennsylvania State University (April 15, 2022). Brenda Wert was an accountant at Penn State University. She had a medical certification allowing her to take one day of FMLA leave per week for migraines. When she started taking more time, Penn State asked...

Kollman & Saucier

04/21/2022

COVID-19

Two federal employees sued President Biden, the Secretary of Health and Human Services, and the Secretary of Defense, seeking to enjoin Executive Order 14,043. That Executive Order, with limited exceptions, requires that all federal employees be fully vaccinated against COVID-19. The employees argued the vaccine mandate is unconstitutional and violates their rights to due process, privacy, and bodily integrity. They asked the United States...

Darrell VanDeusen

04/13/2022

Agency Activity, Labor Law, Union Activity

Earlier this week I wrote about some developments in labor law. I thought my second blog would be about something completely different. But wait, there’s more. On Wednesday, April 12, the NLRB’s General Counsel, Jennifer Abruzzo, through her deputy GC, filed a brief to the Board that claims a former NLRB associate general counsel – in 1969 – “misrepresented controlling board law” in an argument before the U.S. Supreme Court,...

Darrell VanDeusen

04/11/2022

Agency Activity, Labor Law, Union Activity

It has been a big last few weeks in labor law circles. First, Amazon got unionized in New York by a little-known independent union that didn’t even exist 18 months ago. President Biden expressed support for the unionizing of Amazon workers saying “Amazon, here we come” in a recent speech. The President, of course, has been and continues to be a strong supporter of unions. But, as reported in the New York Times, “organized labor has...

Kollman & Saucier

04/08/2022

Agency Activity, Labor Law, Union Activity

In an April 7, 2022 Memorandum to Regional Directors, NLRB General Counsel Jennifer Abruzzo announced that she will be asking the NLRB to outlaw so-called "captive audience" meetings. Captive audience meetings refer to meetings between employers and employees during an employee's paid work time where the employee is required to listen to the employer (or its representative) explain the company's position on unions. Such meetings have long been...

Kollman & Saucier

04/04/2022

FMLA, Legislative Developments, State Law

On March 31, the Maryland Senate approved the “Time to Care Act,” which will provide paid family leave to employees of businesses with 15 or more employees. The bill now goes to Governor Hogan, where it may be vetoed. However, the General Assembly passed the law with enough time to override a veto, should the Governor choose to do so. The Time to Care Act offers employees 12 weeks of partially paid family leave each year to care for themselves...

Vincent Jackson

03/31/2022

Agency Activity

The EEOC has released its performance statistics for Fiscal Year 2021. Surprisingly, the Commission collected “merely” $485 million in 2021, down $50 million from FY 2020’s record-setting $535.4 million haul. The bulk of 2021’s collections came from administrative settlements with private-sector and state and local governments, with a total of $350.7 million. An additional $34 million was collected from court settlements and...

Kollman & Saucier

03/24/2022

Legislative Developments, Sexual Harassment

Monday, March 21, 2022, was “crossover day” in the Maryland General Assembly. As a quick Maryland civics lesson, the Maryland General Assembly is comprised of two chambers, the Maryland State Senate and the Maryland House of Delegates. Bills are proposed and debated in both chambers. On crossover day, those bills that have passed by vote in one chamber are crossed over to the other chamber for further debate and vote. Any bills that did...

Kollman & Saucier

03/19/2022

Independent Contractors, Uncategorized

On September 21, 2020, the Trump administration Department of Labor (DOL) announced a notice of proposed rulemaking related to worker classification. The proposed rule set forth a new test for determining a worker’s status as an independent contractor or an employee. The changes overall would have made it easier for businesses to classify workers as independent contractors under the Fair Labor Standards Act (FLSA). My colleague blogged about...

Kollman & Saucier

03/15/2022

Retaliation

The U.S. District Court for the District of Columbia recently addressed to what extent an employer may take steps to protect confidential business data during an investigation of employee misconduct. Jimenez v. Mayorkas, No. 17-cv-2731 (D.D.C. 3/1/22). Rolando Jimenez is a government employee who, in 2012, was granted access to HSDN, a classified information system. A few years later, he was placed on special assignment with an external...

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Email Updates

Second and Third Opinions In FMLA Cases

Fourth Circuit Dismisses Vaccine Mandate Suit By Federal Employees

More (Possible) Labor Pains

More That’s New in Labor Law

NLRB General Counsel Targets "Captive Audience" Meetings

Maryland General Assembly Passes Paid FMLA Law

EEOC Releases 2021 Performance Statistics

Maryland Senate Bill Changing Definition of Sexual Harassment “Crosses Over” to House of Delegates

Texas Federal Court Reinstates Trump Independent Contractor Rule

D.D.C. Rules Employee’s Blocked Access to Classified Data During Conduct Investigation Not A Materially Adverse Action

Email Updates